[HISTORY: Adopted by the Board of Trustees
of the Village of Kings Point 2-14-1994 by L.L. No. 4-1994.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Unsafe buildings — See Ch. 63.
Fire prevention and building construction — See Ch. 84.
Land development — See Ch. 100.
Property maintenance — See Ch. 117.
Zoning — See Ch. 161.
[1]
Editor's Note: This local law also superseded
former Ch. 102, Landmark Preservation, adopted 7-14-1993 by L.L. No.
7-1993.
A.
The Board of Trustees of the Village of Kings Point
hereby finds that:
(1)
There exist in the Village of Kings Point places,
sites, structures and buildings of special historic significance or
which, by reason of famous events, their antiquity or uniqueness of
architectural construction and design, are of particular significance
to the heritage of our Village, town, county, state or country.
(2)
The conservation, protection and preservation of such
places, sites, structures and buildings is a public necessity in harmony
with the Comprehensive Village Plan and will promote the public health,
safety and general welfare.
B.
Now, therefore, the Board of Trustees hereby declares
that the purpose of this chapter is to accomplish the conservation,
protection and preservation of such places, sites, structures and
buildings.
As used in this chapter, the following terms
shall have the meanings indicated.
Any act or process which changes one or more of the exterior
architectural features of the structure designated as a landmark or
any structure or building in a historic district or which substantially
changes the character, ambience, aesthetic or historical value of
a historic district.
The Board of Trustees of the Village of Kings Point.
A structure wholly or partially enclosed by walls and a roof,
affording shelter to persons, animals or property.
The Landmarks Preservation Commission of the Village of Kings
Point.
The architectural style, design, general arrangement and
components of all of the outer surfaces of any building or structure,
including but not limited to the kind, color and texture of the building
material and the type and style of all windows, doors, lights, signs
and other fixtures appurtenant to said building or structure.
Any area which contains places, sites, structures or buildings
which have a special character and ambience or historical value or
aesthetic interest and which represent one or more periods or styles
of architecture of an era of history and which cause such area to
constitute a distinct section of the Village.
Any place, structure or building of historical value or aesthetic
interest by reason of its antiquity or architectural design or as
part of the development, heritage or cultural characteristics of the
Village, town, county, state or country.
A map approved by the Board of Trustees, identifying the
location of all landmarks, landmarks sites and historic districts.
A parcel or part thereof on which is situated a landmark,
and any abutting parcel or part thereof constituting part of the premises
on which the landmark is situated.
Any assembly of materials forming a construction framed of
component structural parts whether or not for occupancy or use, including
buildings.
Style recognized by one of the following organizations:
The National Register of Historic Places.
The Historic American Buildings Survey.
The Historic American Engineering Record, United
States Department of the Interior, National Park Service.
The Division for Historic Preservation, New
York State Office of Parks and Recreation.
The Nassau County Museum.
The National Trust for Historic Preservation.
The Society of Architectural Historians.
American Institute of Architects.
Village of Kings Point.
A.
Creation; composition; membership.
(1)
There is hereby created a Landmarks Preservation Commission,
to consist of five members, which shall be appointed by the Board
of Trustees.
(2)
The Board of Trustees shall attempt to include among
the membership one member of the American Institute of Architects
and one member of the New York State Bar.
(3)
Members are to be appointed for terms of three years,
provided that of those members first taking office one shall be appointed
for one year, two for two years and two for three years. Members may
serve for more than one term each, and each member shall serve until
the appointment of a successor.
(4)
In the event of a vacancy occurring during the term
of a member of the Commission, the Board of Trustees shall make an
appointment to complete the unexpired term of such member.
(5)
The members of the Commission shall serve without
compensation, but shall be reimbursed for expenses necessarily incurred
in the performance of their duties upon the authorization of the Board
of Trustees of an appropriation for such purposes.
B.
Powers and duties.
(1)
The Commission shall have the powers and duties granted
by the sections of this chapter and shall have the power to designate
a place, site, structure or building as a landmark or as a historic
district, subject to the approval or disapproval of the Board of Trustees.
(2)
In addition, the Commission shall have the power to
retain consultants, including but not limited to technical experts,
engineers, architects and historians, to advise in the preparation
of any plans or projects or to render assistance and advice in connection
with any project to fulfill the duties of the Commission. Any contract
to retain such consultants which involves the expenditure of Village
funds shall be subject to the approval of the Board of Trustees.
C.
Officers.
(1)
The Mayor of the Village, subject to the approval
of the Board of Trustees, shall designate one of the members of the
Commission to serve as Chairman for a period of three years. The Village
Clerk shall serve as Executive Secretary of the Commission.
(2)
The Commission may elect a Vice Chairman from the
remaining four members of the Commission.
D.
Quorum. At least three members of the Commission shall
constitute a quorum for the transaction of its business or the performance
of its functions, and the concurring vote of three members of the
Commission shall be necessary for the adoption of any recommendations,
motions or other acts of the Commission.
A.
Any person may request the designation of a landmark,
landmark site or historic district by submitting to the Commission
an application for such designation on a form furnished by the Commission,
together with the processing fee. A processing fee, established from
time to time by resolution of the Board of Trustees, shall be paid
to the Village Clerk by the applicant upon the filing of each application.[1] In addition, the Commission may, on its own motion, initiate
an application (without paying said processing fee) for the designation
of a landmark, landmark site or historic district.
[Amended 11-27-2007 by L.L. No. 8-2007]
B.
Upon receipt of an application for designation of
a landmark, landmark site or historic district, the Commission shall
determine whether or not it appears that there is a basis for the
application. In the event that the Commission decides that there is
no basis for the application, it shall so notify the applicant and
the Village Clerk. In the event that the Commission decides that there
is a basis for the application, notice that such application has been
received and will be further processed shall be given by the Commission
to the applicant and the owners of the parcel on which the proposed
landmark site or historic district is situated. Notice shall also
be given to the owners of all property located within 250 feet of
the exterior boundary lines of the subject parcel and shall also be
published in a local newspaper. Said owners shall have the right to
confer with the Commission prior to final action by the Commission
on the application.
C.
The Commission shall approve, modify and approve or
disapprove an application within 90 days after the receipt of a complete
application, the processing fee and all required plans or initiation
of the proceeding by the Commission unless the owners consent to an
extension of said 90 days. The approval may limit itself to the proposed
historic district, landmark site or landmark, as described in the
application, or may include modifications thereof.
D.
In the event that no decision is rendered within 90
days, the application shall be deemed disapproved. No application
shall be renewed for a period of one year from the date of the initial
filing. An approved or disapproved application, for which the Commission
has found a basis for further processing, shall immediately be filed
with the Board of Trustees, and notice of such approval or disapproval
shall be mailed by the Village Clerk to the applicant and the owners
of the subject property.
E.
All historic districts, landmark sites and landmark
designations approved by the Commission shall be approved or disapproved
by the Board of Trustees, and no designation of a historic district,
landmark site or landmark shall become effective until approved by
vote of the Board of Trustees. Where the Commission disapproves an
application, the Board of Trustees may overrule the Commission and
approve said application. Any vote of the Board of Trustees to overrule
the Commission on any application shall be by a vote of one more than
a majority of the Board of Trustees. The Board of Trustees, in its
discretion, may call a public hearing on any application either approved
or disapproved by the Commission. Such hearing, if held, shall be
advertised in a local newspaper at least 10 days prior to such hearing;
and notice thereof shall be mailed, at least 10 days prior to the
date of such hearing, to the owners of the proposed landmark or landmark
site or the owners of the properties within the proposed historic
district and the owners of all property located within 250 feet of
the exterior boundary lines of the subject place, site, structure
or historic district, as the ownership of such properties is reflected
on the Village tax assessment rolls.
F.
When the Board of Trustees approves or denies an application,
the Building Inspector, the Commission, the applicant and the owners
of the subject property shall be notified, in writing, by the Village
Clerk.
A.
Upon receipt of notice that the Landmarks Preservation Commission is considering a place, site, structure or building for designation as a landmark or landmark site or as part of a historic district, the Building Inspector shall not issue any permit for the demolition, alteration, movement or improvement of said place, site, structure or building for a period of 150 days (or such greater number of days as may be consented to by the owner of said place, site, structure or building), unless prior to the expiration of said period there is a final determination by the Board of Trustees that said place, site, structure or building has not qualified as a landmark or landmark site or as part of a historic district. If within said period the Board of Trustees designates the property in question as a landmark or landmark site or as part of a historic district, no building permit shall be issued except pursuant to § 102-9 of this chapter.
[Amended 4-14-1994 by L.L. No. 8-1994]
B.
Upon notification that the Board of Trustees has designated
a landmark, a landmark site or historic district, the Building Inspector
shall immediately cause such property to be so designated on the Landmark
and Historic District Map.
A.
Upon notice that an application has been made for
the designation of a landmark, landmark site and/or historic district,
the owners and tenants, if any, thereof shall maintain the proposed
landmark, landmark site and/or historic district, and no person shall
allow, cause, suffer, permit or tolerate any proposed landmark, landmark
site and/or historic district to substantially deteriorate or collapse
or to be demolished, altered, moved or improved or otherwise lessen,
physically interfere with and/or defeat the clear purpose of the proposed
designation for a period of 150 days (or such greater number of days
as may be consented to by the owner of said place, site, structure
or building) unless the Board of Trustees, within said period, shall
determine that said place, site, structure and/or building has not
qualified as a landmark, landmark site and/or historic district.
B.
Upon the Board of Trustees' designation of a place,
site, structure or building as a landmark, landmark site and/or historic
district, the owners and tenants, if any, thereof shall thereafter
maintain the landmark, landmark site and/or historic district, and
no person shall allow, cause, suffer, permit or tolerate any landmark,
landmark site and/or historic district to substantially deteriorate
or collapse or to be demolished, altered, moved or improved or otherwise
lessen, physically interfere with and/or defeat the clear purpose
of the designation.
C.
Any owner or tenant who fails to maintain such place,
site, structure or building, in violation of the foregoing provisions
of this section, shall immediately restore the same to the condition
in which it existed before such deterioration or collapse occurred.
D.
Any person who causes, suffers, permits or tolerates
the demolition, alteration, movement or improvement of a place, site,
structure or building, in violation of the foregoing provisions of
this section, shall immediately restore the same to the condition
in which it existed before such unauthorized demolition, alteration,
movement or improvement took place.
[Amended 11-26-2012 by L.L. No. 5-2012]
A.
After a
place, site, structure, or building has been duly designated by the
Board of Trustees as a landmark or landmark site or within an historic
district, the owners of said landmark or landmark site or the owners
of property in an historic district may be eligible for a reimbursement
of all or a part of the general Village taxes paid subsequent to such
designation with regard to such property and/or an abatement of all
or a part of the general Village taxes to be paid for one or more
years subsequent to such designation with regard to such property,
as recommended to the Board of Trustees by the Commission, and approved,
with or without modification, by resolution of the Board of Trustees.
B.
If so approved,
with or without modification, by the Board of Trustees, the owners
of a landmark or landmark site or the owners of property in an historic
district shall be reimbursed for the payment of taxes paid and/or
receive an abatement of future taxes as set forth in such resolution
by the Board of Trustees.
[Amended 11-26-2012 by L.L. No. 5-2012]
A.
When a reimbursement pursuant to § 102-7 is to be provided to a property owner for taxes previously paid, the Village Treasurer shall reimburse the owners of the property within 90 days after the funds from such taxes become available.
B.
When an abatement pursuant to § 102-7 is to be provided to a property owner for future taxes that have not been paid, the Village Treasurer shall show on all Village tax rolls during which such abatement is to be provided both the full amount of the Village taxes and the abatement to which the property owner is entitled, and, during such period, shall bill the property owner the difference between the full amount of such taxes and the abatement to which the owner is entitled.
C.
The Treasurer
shall have the authority to adopt such procedures as are reasonably
necessary for the proper reimbursement and/or abatement of such taxes.
A.
No structure, site, place or building designated as
a landmark or landmark site and no place, site, structure, building
or property located wholly or partly within the boundaries of a historic
district shall be constructed, altered, repaired, moved or demolished
except in compliance with the requirements set forth in this section.
B.
The Commission shall review all plans for the moving,
exterior construction, alteration or repair, landscaping or demolition
of places, sites, structures or buildings designated as landmarks
or landmark sites and all places, sites, structures or buildings wholly
or partly within the boundaries of a historic district.
(1)
It shall be the duty of the Commission to review such
plans before a building permit for the proposed activity is granted
by the Building Inspector.
(2)
The Commission shall only review plans relating to
the exterior features of a structure or building and shall have no
jurisdiction to consider interior walls, interior arrangements or
interior structures.
(3)
In reviewing the plans, the Commission shall give
consideration to:
(a)
The historical and architectural value and significance
of the building or structure and its relationship to the historic
and architectural value of the surrounding area.
(b)
The general appropriateness of proposed exterior
design, colors, arrangement, texture and materials.
(c)
Any other factors relating to aesthetic considerations
which the Commission deems pertinent to the benefit of the Village
and to the historic significance of the structure or building and
surrounding area.
(4)
To the extent that any such application would also be subject to architectural review pursuant to Article IX of Chapter 161 of the Village Code, such review which would have otherwise been performed by the Architectural and Preliminary Site Review Board shall be performed by the Commission.
[Amended 11-20-2017 by L.L. No. 6-2017]
C.
Alterations, repairs and additions to buildings or
structures located wholly or partly within the boundaries of a historic
district or which are designated as landmarks or landmark sites shall
be made consistent with the materials and styles of the particular
architectural period of which said building or structure is characteristic.
D.
New construction shall be consistent with the architectural
styles of historic value in a historic district. However, the Commission
may approve the construction of buildings or structures which have
a dissimilar architectural style to that of a historic district if
the Commission deems that the new construction will be in the best
interests of a historic district.
E.
Moving of buildings or structures designated as landmarks
or located wholly or partly within the boundaries of a historic district
may be allowed as an alternative to demolition.
F.
Procedure for the review of plans.
(1)
Applications for a building permit to construct, alter, repair, move or demolish any place, site, structure or building designated as a landmark or landmark site or any place, site, structure or building within or on the boundaries of a designated historic district shall be made to the Building Inspector pursuant to Chapter 84. In addition to complying with the requirements of Chapter 84, the application shall state that the property is a landmark, a landmark site and/or is located within or on the boundaries of a historic district. Plans shall be submitted showing the structure or building in question and also giving its relation to adjacent structures or buildings and the construction, alteration, repair, moving or demolition sought to be accomplished.
(2)
The Building Inspector shall transmit the application
and the plans to the Commission.
(3)
The Commission shall then review the plans according
to the provisions of this chapter. In reviewing the plans, the Commission
may confer with the applicant or his authorized representative concerning
the building permit.
(4)
Relief.
(a)
Notwithstanding any other provisions of this
chapter, if the applicant establishes to the satisfaction of the Commission
that there is unnecessary hardship in the strict application of the
provisions of this section, a notice to proceed will be granted if
the applicant provides proof that the following facts and conditions
exist:
[1]
That the land or improvement in question cannot
yield a reasonable return if the proposed construction, removal, alteration
or demolition is not permitted;
[2]
The proposed alteration, construction, removal
or demolition will not substantially alter the character of the area;
and
[3]
The hardship is the result of the application
of the chapter and is not the result of any action or omission by
the applicant, including but not limited to the omission of the applicant
or of a prior owner to properly maintain the premises.
(b)
Any relief granted shall be in conformance with
the objectives of this chapter.
(5)
The Building Inspector shall not grant a building
permit until such time as an application has been approved by the
Commission or said 90 days, or such longer period as may have been
consented to, have elapsed from the date the complete application,
processing fee and all required plans have been received by the Commission.
(6)
Nothing in this section shall be construed to prevent
ordinary maintenance or repair, with like materials of similar quality
and color, of any place, site, structure or building designated as
a landmark or landmark site or any property located wholly or partly
within the boundaries of a historic district.
G.
This section shall not apply in any case where the
Building Inspector or any authorized Village enforcement agency orders
or directs the construction, removal, alteration or demolition of
any improvement of a landmark or a landmark site or in a historic
district for the purpose of remedying conditions determined to be
unsafe or dangerous to the life, health or property of any person.
H.
Any person who causes, suffers or permits the demolition,
alteration, movement or improvement of a place, site, structure or
building in violation of the foregoing provisions of this section
shall immediately restore same to the condition in which it existed
before such unauthorized demolition, alteration, movement or improvement
took place.
[Amended 4-14-1994 by L.L. No. 8-1994]
The Building Inspector shall be responsible for preparing and amending the Landmark and Historic District Map and for appropriate public identification of areas designated as landmarks, landmark sites and historic districts on the Landmark and Historic District Map within a reasonable time after the Board of Trustees has authorized such designations. The Commission may approve the size, style, color, typography, material of construction and wording of all privately owned signs identifying landmarks, landmark sites and properties within historic districts, prior to installation, consistent with the provisions of § 102-9.
A.
A violation of this chapter shall be punishable by
a fine not exceeding $2,000 or by imprisonment not exceeding 15 days,
or by both such fine and imprisonment.
B.
The imposition of the penalties in this section shall
not preclude the Village from instituting any appropriate action or
proceeding to prevent an unlawful erection, construction, reconstruction,
demolition, alteration, repair, conversion, maintenance or use or
to restrain, correct or abate a violation (including but not limited
to requiring a person who violates this chapter to repair, reconstruct
and/or replace the landmark and/or landmark site as it existed before
the violation took place) or to prevent an illegal act, conduct, business
or use in or about any premises.
[Amended 4-14-1994 by L.L. No. 8-1994]
