A.
The Board of Trustees of the Village of Roslyn hereby finds that:
(1)
There
exist in the Village of Roslyn places, sites, structures, buildings
and scenic corridors of special historic significance or which by
reason of the antiquity or uniqueness of architectural construction
and design are of particular significance to the heritage of our Village,
town, county, state and country.
(2)
The
conservation, protection, promotion and preservation of such places,
sites, structures, buildings and scenic corridors are a public necessity
and will promote the public health, safety and general welfare.
B.
Now, therefore, the Board of Trustees hereby declares that the purpose
of this article is to accomplish the conservation, protection, promotion
and preservation of such places, sites, structures, buildings, and
scenic corridors and to conserve property values in the Village.
In addition to the definitions set forth in Article I of this chapter, the following definitions shall be applicable to this article:[1]
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,
fences and other fixtures appurtenant to said building or structure.
A building or structure or specific plot of land not situated
within the boundaries of the Roslyn Historic/Scenic Overlay District
but having qualities similar to those within the Historic/Scenic Overlay
District may be designated as an historic site by the Village Board
of Trustees. All regulations relating to the Historic/Scenic Overlay
District shall also apply to designated historic sites.
That area of the Village commonly referred to as the "Historic/Scenic
Overlay District" as specifically delineated on the Village Zoning
Map dated February 13, 1997, which is on file in the office of the
Village Clerk/Treasurer.
Any combination of materials forming a construction or part
thereof, including a building, the use of which requires location
on the ground or attachment to something having location on the ground,
including but not limited to fences and walls; gasoline pumps; gates
and gateposts; mobile dwellings, whether mobile or stationary at the
time; platforms or stands; pools; porches; sheds or bins; shelters;
signs; standpipes; tanks of any kind; towers of any kind, including
radio and television towers and antennas; parabolic or hemispheric
discs or dishes or other similar convex or concave antennas, the purpose
of which is to receive television and radio and/or microwave or other
similar signals from satellites or ground stations which transmit
satellite signals; tents; patios; and trellises.
Architectural style recognized by one of the following organizations:
The National Register of Historic Places;
Historic American Buildings Survey;
Historic American Engineering Record, U.S. Department of the
Interior, National Park Service;
State Historic Preservation Office.
[Amended 9-21-2010 by L.L. No. 1-2010]
The Nassau County Museum;
Society for the Preservation of Long Island Antiquities;
National Trust for Historic Preservation;
Society of Architectural Historians; and
The Preservation League of New York State.
A.
Appointments of members and terms of office. The Historic District
Board shall consist of six members, five of whom shall be appointed
by the Mayor, with the approval of the Board of Trustees, and the
sixth shall be the Village Building Inspector, who shall act in an
advisory capacity without voting power. From and after the effective
date of this article, the respective terms of the appointed members
of the Historic District Board, in the order of their appointment,
shall be one, two, three, four, and five years. Thereafter, appointments
shall be for a term of five years. The Mayor, with the approval of
the Board of Trustees, shall also designate from the appointed members
a person to act as Chairperson. However, appointment of the Chairperson
shall, as in the case of chairperson of other boards, expire at the
annual meeting each year or until a successor shall have been appointed,
whichever shall later occur. Members may serve for more than one term
each; each member shall serve until the appointment of a successor.
Alternate members of the Historic District Board shall be appointed
by the Mayor subject to the approval of the Board of Trustees for
a term of one year. A maximum of three alternate members may be appointed.
Each alternate member shall be designated separately as "first alternate,"
"second alternate," and "third alternate" and shall be called to serve
in that order. These individuals would serve when members are absent
or unable to participate on an application or matter before the Board
but shall be given notice of and shall be encouraged to attend all
meetings of such Board.
[Amended 5-15-2012 by L.L. No. 2-2012]
B.
Vacancies. In the event of a vacancy occurring during the term of
a member of the Historic District Board, the Mayor, with the approval
of the Board of Trustees, shall make an appointment of a successor
to complete the unexpired term of such member.
C.
Vote necessary for a decision; quorum. A minimum of three members
of the Historic District Board in attendance at a meeting, with voting
power, shall constitute a quorum. Once a quorum is established, a
concurring vote of at least three members is required for any approval
or affirmative act. The failure of a motion to receive three affirmative
votes shall result in a disapproval of such motion.
D.
Meetings. The Historic District Board shall meet regularly once each
month, except that meetings may be held more or less frequently at
the discretion of the Historic District Board.
E.
Powers and duties of the Historic District Board.
(2)
The Historic District Board shall have the power to approve or disapprove
all applications or requests for construction, exterior changes or
alterations within the Historic/Scenic Overlay District or the scenic
corridor or involving historic sites and to perform all other duties
set forth in this article.
(3)
In addition, the Historic District Board shall have the power to
retain qualified consultants, including but not limited to technical
experts, engineers, architects, attorneys and historians, to advise
in the revision or evaluation of any plans or projects or to render
assistance and advice in connection with any project in order to fulfill
the duties of the Historic District Board. Any contract to retain
such consultants which involves the expenditure of Village funds shall
be subject to the approval of the Board of Trustees.
F.
Expenses.
No approval permit shall be issued pursuant to the provisions of this
article until all expenses incurred by the Historic District Board
and Board of Trustees for consultation fees (including, without limitation,
engineering, architectural, historical and legal) or other extraordinary
expenses in connection with the review of an application are reimbursed
to the Village by the applicant. At the time of application and from
time to time thereafter, the applicant shall deposit with the Village
Clerk/Treasurer such amount to cover consultation fees and extraordinary
expenses as shall be established, from time to time, by resolution
of the Board of Trustees.
G.
Compensation.
Members of the Historic District Board shall be compensated at a rate
to be determined by resolution from time to time by the Board of Trustees.
C.
Any owner of property not within the boundaries of the Historic/Scenic
Overlay District may request designation of his or her property as
an historic site by written application to the Historic District Board.
D.
The Historic District Board may, on its own motion, initiate proceedings
for the designation of an historic site, in which case the owner of
the property concerned will be notified by certified mail, return
receipt requested, of the proposed designation.
E.
The Historic District Board may, upon its own motion, propose for
designation certain additional sites in the Village for inclusion
in the Historic/Scenic Overlay District. Prior to recommending any
such proposal to the Board of Trustees, the Historic District Board
shall conduct a public hearing on the matter. Notice of such proposal
and public hearing shall be given to the property owners of such additional
proposed sites by certified mail, return receipt requested, at least
20 days prior to the hearing date.
F.
Within 60 days of the closing of the public hearing by resolution,
the Historic District Board shall recommend to the Board of Trustees
approval, approval with modifications, or disapproval of a proposal
for the designation of an historic site or of the proposal to include
additional sites or properties in the Historic/Scenic Overlay District.
The Board of Trustees shall thereafter take action with respect to
such recommendation.
G.
The failure of the Historic District Board to take action upon a
proposal within the sixty-day time period referenced above shall be
deemed a disapproval or a recommendation of disapproval of the proposal
or application.
H.
A recommendation for historic site designation or for a modification
of the Historic/Scenic Overlay District from the Historic District
Board or an appeal by an affected property owner shall be acted upon
by the Board of Trustees within 60 days of such receipt.
I.
When the Board of Trustees approves or denies an application, the
Building Inspector, the Historic District Board, and the owner or
owners of the subject property shall be notified in writing by the
Village Clerk/Treasurer.
A.
Upon receipt of notice that the Historic District Board is considering a place, site, structure or building for designation as an historic site or as part of the Historic/Scenic Overlay District, the Building Inspector shall not issue any permit for the construction, demolition, alteration or improvement of said place, site, structure or building for a period of 180 days 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 an historic site. If within said period the Board of Trustees designates the property in question as an historic site or as part of the Historic/Scenic Overlay District, no building permit shall be issued except pursuant to § 470-76 of this article.
B.
Upon notification that the Board of Trustees has designated a site
as an historic site, the Building Inspector shall immediately cause
such property to be so designated on the Village Zoning Map.
A.
The exterior of any structure, site, place or building, including,
without limitation, light fixtures, awnings, canopies, sidewalks,
landscaping, fences, affixed benches, steps, landscape structures,
such as retaining walls, paving and other exterior elements designated
as an historic site or any place, site, structure, building or property,
including, without limitation, lighting fixtures, located wholly or
partly within the boundaries of the Historic/Scenic Overlay District
shall not be constructed, altered, changed, moved to or from the Historic/Scenic
Overlay District or demolished, in whole or in part, except in compliance
with the requirements set forth in this article.
B.
The Historic District Board shall review all plans for the moving,
exterior construction, signage, alteration or change, or demolition
of places, sites, structures or buildings designated as historic sites
and all places, sites, structures or buildings wholly or partly within
the boundaries of the Historic/Scenic Overlay District. The Historic
District Board shall approve such plans before a building permit for
the proposed activity is granted by the Building Inspector.
C.
It shall be the duty of the Historic District Board to exercise sound
historic and architectural judgment to maintain the desirable character
of the Historic/Scenic Overlay District and prevent construction,
reconstruction, alteration or demolition out of harmony with the existing
buildings, insofar as style, materials, color, line and detail are
concerned, and thus to prevent degeneration of property, safeguard
public health, prevent fire, promote safety and preserve the beauty
and character of the Historic/Scenic Overlay District and of historic
sites.
D.
In passing upon the appropriateness of proposed construction, alteration,
removal or demolition, the Historic District Board shall consider,
in addition to any other pertinent factors, the following principles:
(1)
The general design, character, and appropriateness to the property
of the proposed alteration, demolition, 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, side or rear facades, proportion and arrangement
of windows and other openings within the facade, roof shape, landscaping,
and the rhythm of spacing of properties on neighboring streets;
(5)
The arrangement and location of the building or buildings and their
shape, scale and size as set forth on the site plan; and
(6)
The historical and architectural value and significance and the architectural
style of the building.
E.
In judging these factors, the Historic District Board shall be guided
by the design guidelines established by the Historic District Board
of the Village of Roslyn, subtitled "A Guide for Maintaining and Rehabilitating
Historic Buildings and Landscapes," and the Secretary of the Interior's
Standards for Rehabilitation and the Guidelines for Rehabilitating
Historic Buildings (most recent edition).
[Amended 9-18-2007 by L.L. No. 5-2007]
F.
Moving of buildings or structures designated as historic sites or
located wholly or partly within the boundaries of the Historic/Scenic
Overlay District may be allowed as an alternative to demolition.
G.
Nothing in this article 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 an historic site
or any property located wholly or partly within the boundaries of
an Historic/Scenic Overlay District.
H.
No owner, tenant or other person with an interest in real property
designated as an historic site or located wholly or partially within
the Historic/Scenic Overlay 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 Historic District Board, produce a detrimental effect upon
the character of the Historic/Scenic Overlay District as a whole or
upon an historic site or upon the life and character of the property
itself. Examples of such deterioration include but are not limited
to:
(1)
Deterioration of exterior walls or finish or other vertical supports;
(2)
Deterioration of roofs or horizontal members;
(3)
Deterioration of exterior chimneys;
(4)
Deterioration or crumbling of exterior stucco or masonry;
(5)
Ineffective waterproofing of exterior walls, landscape structures,
such as retaining walls, roofs, or foundations, including broken windows
or doors; and
(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.
I.
New construction shall be consistent with the architectural styles of historic value in the Historic/Scenic Overlay District. In passing upon the appropriateness of new construction in the Historic/Scenic Overlay District, the Historic District Board shall consider the enumerated items in Subsection D above.
J.
The Historic District Board shall act upon all plans relating to
the exterior features of a structure or building and shall have only
advisory jurisdiction over interior walls, interior arrangements,
or interior structures.
K.
This article 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
in an Historic/Scenic Overlay District or historic site for the purpose
of remedying conditions determined to be imminently unsafe or dangerous
to the life, health, or property of any person.
[Amended 9-16-2014 by L.L. No. 9-2014]
A.
Application for a building permit to construct, alter, change, move
or demolish any place, site, structure or building located in the
Historic/Scenic Overlay District or any place, site, structure or
building designated as an historic site shall be made to the Building
Inspector except as provided hereafter. The application shall state
that the property is an historic site and/or is located within or
on the boundaries of the Historic/Scenic Overlay District. Plans,
including a site plan, shall be submitted showing the structure or
building in question and also giving its relation to adjacent sites,
structures or buildings and the construction, alteration, change,
moving or demolition sought to be accomplished. Submissions shall
be in such form and quantity as may be reasonably required by the
Historic District Board.
B.
The Building Inspector shall transmit the application and the plans
to the Historic District Board.
C.
The Historic District Board shall then review the plans according
to the provisions of this article. In reviewing the plans, the Historic
District Board may confer with the applicant or his authorized representative.
D.
The Historic District Board shall approve, modify and approve, or
disapprove such application and plans within 95 days after the first
hearing held before the Historic District Board to consider the application.
The Historic District Board shall transmit a copy of its findings
and determination to the Building Inspector and the applicant. The
failure of the Historic District Board to make a determination within
any formal time period shall be deemed a disapproval of the application.
The Board of Trustees shall have the power, upon application, to review
on appeal all disapprovals and/or modified approvals of the Historic
District Board and to determine such appeal.
E.
The Building Inspector shall not grant a building permit until such
time that an application has been approved by the Historic District
Board or by the Board of Trustees.
A.
After receiving written notification from the Historic District Board
of the denial of an application, an applicant may commence the hardship
process. No building permit shall be issued unless the Historic District
Board makes a finding that a hardship exists.
B.
The Historic District Board may hold a public hearing on the hardship
application at which an opportunity will be provided for proponents
of the application and the public to present their views.
C.
The applicant shall consult in good faith with the Historic District
Board, local preservation groups, and interested parties in a diligent
effort to seek an alternative that will result in preservation of
the property.
D.
All decisions of the Historic District Board shall be in writing.
A copy shall be sent to the applicant by certified mail, return receipt
requested, and a copy filed with the Village Clerk/Treasurer's office
for public inspection. The Historic District Board's decision shall
state the reasons for granting or denying the hardship application.
If the application is granted, the Historic District Board shall approve
only such work as is necessary to alleviate the hardship.
All work performed pursuant to an approval issued under this
article shall conform to any requirements included herein. It shall
be the duty of the Building Inspector to inspect periodically any
such work to assure compliance. In the event that work is found that
is not being performed in accordance with the approval of the Historic
District Board, or upon notification of such fact by the Historic
District Board, the Superintendent of Buildings 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.
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 section 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, recommendation or determination
of the Historic District Board shall, within 60 days of the decision,
file a written application with the Board of Trustees for review of
the decision.
The applicant shall be required to pay the fees as set forth in the schedule of fees in § 470-115.
