[Added 11-17-1999 by L.L. No. 1-1999]
It is hereby declared as a matter of public
policy that the protection, enhancement and perpetuation of historic
structures are necessary to promote the economic, cultural, educational
and general welfare of the public. Inasmuch as the identity of a people
is founded on its past, and inasmuch as Head-of-the-Harbor has many
significant historic, architectural and cultural resources which constitute
its heritage, this article is intended to:
A.
Protect the historic structures and historic districts
which represent distinctive elements of Head-of-the-Harbor's historic,
architectural, and cultural heritage from destruction or insensitive
rehabilitation.
B.
Maintain the character and distinguishing features
of each historic structure.
C.
Foster civic pride in the accomplishments of the past.
D.
Retain and enhance Head-of-the-Harbor's attractiveness
to visitors and the support and stimulus to the economy thereby provided.
E.
Insure the harmonious, orderly and efficient growth
and development of the Village.
This Article VI shall be applicable to the historic areas established and defined in Chapter 107 of the Village Code, the historic structures listed in the Inventory of Historic Structures of the Village filed in the Village Clerk's office, national- and/or state-registered historic structures and districts and historic structures and districts that may hereinafter be designed by the Architectural Review Board utilizing the procedures hereinafter set forth in § 59-17.
A.
The powers of the Architectural Review Board in this Article VI shall include:
(1)
Employment of staff and professional consultants as
necessary to carry out the duties of the Board.
(2)
Promulgation of rules and regulations as necessary
to carry out the duties of the Board.
(3)
Adoption of criteria for the identification of significant
historic structures, architectural, and cultural landmarks and for
the delineation of historic districts.
(4)
Conduct of surveys of significant historic structures,
architectural and cultural landmarks and historic districts within
the Village.
(5)
Designation of identified structures or resources
as landmarks and historic districts.
(6)
Acceptance on behalf of the Village government of
the donation of facade easements and development rights and the making
of recommendations to the Village government concerning the acquisition
of facade easements or other interests in real property as necessary
to carry out the purposes of this article.
(7)
Increasing public awareness of the value of historic
structures, cultural and architectural preservation by developing
and participating in public education programs.
(8)
Making recommendations to Village government concerning
the utilization of state, federal or private funds to promote the
preservation of historic structures or landmarks and historic districts
within the Village.
(9)
Recommending acquisition of a landmark structure by
the Village government where its preservation is essential to the
purposes of this article and where private preservation is not feasible.
(10)
Approval or disapproval of applications for
certificates of appropriateness pursuant to this article.
B.
A quorum for the transaction of business shall consist
of three of the Architectural Review Board's members, but not less
than a majority of the full authorized membership may grant or deny
a certificate of appropriateness.
A.
The Architectural Review Board may designate an individual
property as an historic structure or landmark if it:
(1)
Possesses special character or historic or aesthetic
interest or value as part of the cultural, political, economic or
social history of the locality, region, state or nation; or
(2)
Is identified with historic personages; or
(3)
Embodies the distinguishing characteristics of an
architectural style; or
(4)
Is the work of a designer whose work has significantly
influenced an age; or
(5)
Because of unique location or singular physical characteristic,
represents an established and familiar visual feature of the neighborhood.
B.
C.
Notice of a proposed designation shall be sent by
registered mail to the owner of the property proposed for designation,
describing the property and announcing a public hearing by the Architectural
Review Board to consider the designation. Where the proposed designation
involves so many owners that individual notice is infeasible, notice
may instead be published at least once in a newspaper of general circulation
at least 14 days prior to the date of the public hearing. Once the
Architectural Review Board has issued notice of a proposed designation,
no building permits shall be issued by the Building Inspector until
the Architectural Review Board has made its decision.
D.
The Architectural Review Board shall hold a public
hearing prior to designation of any historic structure or landmark
or historic district. The Architectural Review Board, owners and any
interested parties may present testimony or documentary evidence at
the hearing, which will become part of a record regarding the historic,
architectural, or cultural importance of the proposed historic structure,
landmark or historic district. The record may also contain staff reports,
public comments, or other evidence offered outside of the hearing.
E.
The Architectural Review Board shall forward notice
of each property designated as an historic structure or landmark and
the boundaries of each designated historic district to the office
of the Suffolk County Clerk for recordation.
No person shall carry out any exterior alteration,
rehabilitation, restoration, reconstruction, demolition, new construction,
or moving of an historic structure or property within an historic
district, nor shall any person make any material change in the appearance
of such property, including its light fixtures, signs, sidewalks,
fences, steps, paving or other exterior elements, which affects the
outward appearance and cohesiveness of the historic structure or historic
district, without first obtaining a certificate of appropriateness
from the Architectural Review Board.
A.
In passing upon an application for a certificate of appropriateness, the Architectural Review Board shall not consider changes to interior spaces, unless they are open to the public. The Architectural Review Board's decision shall, in addition to the preservation standards set forth in §§ 165-62 and 165-63 of the Zoning and Land Development Code, be based on the following principles:
(1)
Properties which contribute to the character of the
historic district shall be retained, with their historic features
altered as little as possible;
(2)
Any alteration of existing properties shall be compatible
with their historic character, as well as with the surrounding district;
(3)
New construction shall be compatible with the district
in which it is located.
B.
In applying the principle of compatibility, the Architectural
Review Board shall consider the following factors:
(1)
The general design, character and appropriateness
to the property of the proposed alteration or new construction;
(2)
The scale of proposed alteration or new construction
in relation to the property itself, surrounding properties and the
neighborhood;
(3)
Texture, materials and color and their relation to
similar features of other properties in the neighborhood;
(4)
Visual compatibility with surrounding properties,
including proportion of the property's front facade, proportion and
arrangement of windows and other openings within the facade, roof
shape and the rhythm of spacing of properties on streets, including
setback; and
(5)
The importance of historic, architectural or other
features to the significance of the property.
A.
Prior to the commencement of any work requiring a
certificate of appropriateness, the owner shall file an application
for such a certificate with the Architectural Review Board. The application
shall contain:
(1)
Name, address and telephone number of applicant;
(2)
Location and photographs of property;
(3)
Elevation drawings of proposed changes, if available;
(4)
Perspective drawings, including relationship to adjacent
properties, if available;
(5)
Samples of color or materials to be used;
(6)
Where the proposal includes signs or lettering, a
scale drawing showing the type of lettering to be used, all dimensions
and colors, a description of materials to be used, method of illumination
and a plan showing the sign's location on the property; and
(7)
Any other information which the Architectural Review
Board may deem necessary in order to visualize the proposed work,
including an historic structure report, if available, prepared by
a qualified, recognized architectural historian.
B.
No building permit shall be issued for such proposed
work until a certificate of appropriateness has first been issued
by the Architectural Review Board. The certificate of appropriateness
required by this article shall be in addition to and not in lieu of
any building permit that may be required by any other law of the Village
of Head-of-the-Harbor.
C.
The Architectural Review Board shall approve, deny
or approve the permit with modifications within 90 days from receipt
of the completed application. The Architectural Review Board may hold
a public hearing on the application at which an opportunity will be
provided for proponents and opponents of the application to present
their views.
D.
All decisions of the Architectural Review Board shall
be in writing. A copy shall be sent to the applicant by registered
mail and a copy filed with the Village Clerk's office for public inspection.
The Architectural Review Board's decision shall state the reasons
for denying or modifying any application.
E.
Certificates of appropriateness shall be valid for
12 months, after which the owner must reapply if he still wishes to
undertake work on the property.
An applicant whose certificate of appropriateness
for a proposed demolition has been denied may apply for relief on
the ground of hardship. In order to prove the existence of hardship,
the application shall establish that:
A.
The property is incapable of earning a reasonable
return, regardless of whether that return represents the most profitable
return possible.
B.
The property cannot be adapted for any other use,
whether by the current owner or by a purchaser, which would result
in a reasonable return; and
C.
Reasonable efforts to find a purchaser interested
in acquiring the property at fair market value and preserving it have
failed.
An applicant whose certificate of appropriateness
for a proposed alteration has been denied may apply for relief on
the ground of hardship. In order to prove the existence of hardship,
the applicant shall establish that the property is incapable of earning
a reasonable return, regardless of whether that return represents
the most profitable return possible.
A.
After receiving written notification from the Architectural
Review Board of the denial of a certificate of appropriateness, an
applicant may commence the hardship process. No building permit or
demolition permit shall be issued unless the Architectural Review
Board makes a finding that a hardship exists.
B.
The Architectural Review Board may hold a public hearing
on the hardship application, at which an opportunity will be provided
for proponents and opponents of the application to present their views.
C.
The applicant shall consult in good faith with the
Architectural Review Board, local preservation groups and interested
parties in a diligent effort to seek an alternative that will result
in the preservation of the property.
D.
All decisions of the Architectural Review Board shall
be in writing. A copy shall be sent to the applicant by registered
mail and a copy filed with the Village Clerk's office for public inspection.
The Architectural Review Board's decision shall state the reasons
for granting or denying the hardship application. If the application
is granted, the Architectural Review Board shall approve only such
work as is necessary to alleviate the hardship.
A.
All work performed pursuant to a certificate of appropriateness
issued under this article shall conform to any requirements included
therein. It shall be the duty of the Building Inspector to inspect
periodically any such work to assure compliance.
B.
In the event work is found that is not being performed
in accordance with the certificate of appropriateness, or upon notification
of such fact by the Architectural Review Board, the Building Code
Enforcement Officer shall issue a stop-work order and all work shall
immediately cease. No further work shall be undertaken on the project
as long as a stop-work order is in effect.
A.
Nothing in this article shall be construed to prevent
the ordinary maintenance and repair of any exterior architectural
feature of an historic structure or property within an historic district
which does not involve a change in design, material, color or outward
appearance.
B.
No owner or person with an interest in real property
designated as an historic structure or included within an historic
district shall permit the property to fall into a serious state of
disrepair so as to result in the deterioration of any exterior architectural
feature which would, in the judgment of the Architectural Review Board,
produce a detrimental effect upon the character of the historic district
as a whole or the life and character of the property itself. Examples
of such deterioration include:
(1)
Deterioration of exterior walls or other vertical
supports.
(2)
Deterioration of roofs or other horizontal members.
(3)
Deterioration of exterior chimneys.
(4)
Deterioration or crumbling of exterior stucco or mortar.
(5)
Ineffective waterproofing of exterior walls, roofs
or foundations, including broken windows or doors.
(6)
Deterioration of any feature so as to create a hazardous
condition which could lead to the claim that demolition is necessary
for the public safety.
A.
Failure to comply with any of the provisions of this
article shall be deemed a violation, and the violator shall be liable
to a fine of not less than $50 nor more than $10,000 for each day
the violation continues, commencing 30 days after a notice of violation
has been served personally on the violator or written notice of violation
has been sent by registered or certified mail to his/her home or business
address.
B.
Any person who demolishes, alters, constructs or permits
a designated property to fall into a serious state of disrepair in
violation of this article shall be required to restore the property
and its site to its appearance prior to the violation. Any action
to enforce this subsection shall be brought by the Village Attorney.
This civil remedy shall be in addition to and not in lieu of any criminal
prosecution and penalty.
Any person aggrieved by a decision of the Architectural Review Board relating to hardship or a certificate of appropriateness may, within 30 days of the decision, file a written application with the Village Board of Trustees for review of the decision. Reviews shall be conducted in accordance with the appeal procedure set forth in § 59-9 of the Village Code.
Real property altered or rehabilitated and for
which a certificate of appropriateness has been issued pursuant to
this chapter subsequent to the effective date of this article shall
be exempt from taxation and special ad valorem levies as herein provided
pursuant to RPTL § 444-a and Chapter 183 of the Laws of
1997. Such exemption shall also apply to the value of interior work
performed in connection with the work for which a certificate of appropriateness
has been issued pursuant to this chapter.
A.
Historic property shall be exempt from taxation to
the extent of any increase in value attributable to such alteration
pursuant to the following schedule:
|
Year of Exemption
|
Percent of Exemption
|
|---|---|
|
1
|
100%
|
|
2
|
100%
|
|
3
|
100%
|
|
4
|
100%
|
|
5
|
100%
|
|
6
|
80%
|
|
7
|
60%
|
|
8
|
40%
|
|
9
|
20%
|
|
10
|
0%
|
B.
No such exemption shall be granted for such alterations
or rehabilitation unless:
(1)
Such property is located in the historic areas or is an historic structure as described and set forth in § 59-15 of this chapter;
(2)
Alterations or rehabilitation must be made for means
of historic preservation;
(3)
Such alterations or rehabilitation of historic property
meets guidelines and review standards in the local preservation law;
(4)
Such alterations or rehabilitation of historic property
are approved by the Architectural Review Board and a certificate of
appropriateness has been issued prior to commencement of work; and
(5)
Alterations or rehabilitation is commenced subsequent
to the effective date of this article.
Such exemption shall be granted only by application
of the owner or owners of such historic real property on a form prescribed
by the State Board of Real Property Services. The application shall
be filed with the Assessor on or before the taxable status date (March
1).
Such exemption shall be granted where the Assessor is satisfied that the applicant is entitled to an exemption pursuant to this article. The Assessor shall approve such application, and such property shall thereafter be exempt from taxation and special ad valorem levies as herein provided commencing with the assessment roll prepared on the basis of the taxable status date referred to in § 59-30 of this article. The assessed value of any exemption granted pursuant to this article shall be entered by the Assessor on the assessment roll with the taxable property, with the amount of the exemption shown in a separate column.
This article shall take effect immediately upon
its filing with the office of the Secretary of State of the State
of New York and the State Board of Real Property Services.
This article shall not apply to applications
for alteration, rehabilitation, restoration, reconstruction, or demolition
of historic properties or structures which are presently pending before
and have been found complete by the Planning Board of the Village,
prior to the effective date hereof.
[Added 2-28-2018 by L.L.
No. 1-2018; amended 5-20-2020 by L.L. No. 3-2020]
Any application under this chapter shall require payment of an application fee and deposit for reimbursement of professional consultant fees in amounts fixed from time to time by resolution of the Board of Trustees and in accordance with Chapter 88 of the Village Code.
