[HISTORY: Comes from L.L.
No. 61-1983, adopted 6-21-1983, effective 6-29-1983.]
[1]
Editor's Note: Original § 70-0 of this chapter provided
the following declaration of purpose and policy: "The Town Board of
the Town of Hempstead hereby finds: 1. There exists in the Town of
Hempstead places, sites structures and buildings of special historical
significance or which, by reason of famous events, the antiquity or
uniqueness of architectural construction and design, are of particular
significance to the heritage of our town. 2. The conservation, protection
and preservation of historic places, sites, structures and buildings
are matters of public Interest in harmony with the Comprehensive Town
Plan to promote cultural education and to foster civic pride. 3. Accordingly,
the Town Board hereby declares that the purpose of this chapter is
to accomplish the conservation, protection and preservation of historical
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 a structure or building designated as a
"landmark."
A structure wholly or partially enclosed within exterior
walls or within exterior or party walls and a roof, affording shelter
to persons, animals or property.
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 style of all windows, doors, lights, signs and other
fixtures appurtenant to said building or structure.
Any place, structure or building of historical value or aesthetic
interest by reason of its antiquity or uniqueness of architectural
design or as part of the development, heritage or cultural characteristics
of the town, county, state or nation.
A map to be prepared and maintained by the Department of
Buildings, identifying the location of all landmarks and landmark
sites.
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.
Unless otherwise stated herein, the title holder in fee simple
absolute of the landmark site.
Any assembly of materials forming a construction framed of
component parts for occupancy or use, including buildings.
Styles recognized by one or more of the following organizations:
The National Register of Historic Places.
Historic American Buildings Survey.
Historic American Engineering Records.
United States Department of the Interior.
National Park Service.
Division for Historical Preservation.
New York State Office of Parks and Recreation.
Nassau County Museum.
National Trust for Historic Preservation.
Society of Architectural Historians.
The geographical area of the Town of Hempstead, exclusive
of those areas bounded by incorporated villages.
A weekday, but shall not include Saturday, Sunday or a duly
recognized legal holiday in the State of New York.
A.
There hereby is created a Landmarks Preservation Commission, hereinafter
referred to in the context as "Commission," which shall consist of
seven members, of which six shall be appointed by the Town Board,
and one shall be the Commissioner of the Department of Buildings or
his designee.
B.
Among the membership there shall be one member of the American Institute
of Architects or the equivalent; one architectural historian; the
Commissioner of the Department of Buildings or his designee; one member
of the New York State Bar; and three residents of the Town of Hempstead,
reasonably versed in town history.
C.
Six members are to be appointed for terms of three years; provided,
however, that of those members first taking office, two shall be appointed
for one year; two shall be appointed for two years; and two shall
be appointed for three years; members may serve for more than one
term. The Commissioner of the Department of Buildings or his designee
shall be a permanent member.
D.
In the event of a vacancy occurring during the term of a member of
the Commission, the Town Board in its discretion shall make an appointment
to complete the unexpired term of that member; and, where that member
is required to have specified qualifications, the vacancy shall be
filled by appointment in the manner herein prescribed with a person
having the same or equivalent qualifications.
E.
The seven members of the Commission shall serve without compensation
but shall be fully reimbursed for expenses necessarily incurred in
the performance of their duties.
A.
The Commission shall have the powers and duties granted by this chapter.
B.
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
in order to fulfill the duties of the Commission. Any contract to
retain these consultants involving expenditure of town funds shall
be subject to Town Board approval.
A.
The Supervisor of the Town of Hempstead shall designate one of the
members of the Commission, but not the Commissioner of the Department
of Buildings, to serve as Chairman for a period of three years. However,
the Commissioner of the Department of Buildings shall serve as Executive
Secretary of the Commission.
B.
The Commission shall elect a Vice Chairman from the remaining five
members of the Commission, to act in the absence of the Chairman.
At least five members of the Commission, of which one shall
be the Chairman or Vice Chairman, shall constitute a quorum for the
transaction of its business, and the concurring vote of four members
of the Commission shall be necessary for the adoption of any recommendations,
motions or other acts of the Commission.
A.
Any person, with or without the written consent of the owner, may
request the designation of a landmark or landmark site by submitting
an application to the Commission on its form. In addition, the Commission
may, on its own motion, with or without the written consent of the
owner, initiate proceedings for the designation of a landmark or landmark
site. In reaching a decision, the Commission shall consider the special
character, ambiance, historical significance, aesthetic value and
uniqueness of architectural design of the proposed landmark or landmark
site wherever applicable.
[Amended 5-5-1998 by L.L. No. 18-1998, effective 5-11-1998]
B.
In the event that the Commission decides to consider an application
for designation, notice that an application is being considered shall
be given by the Commission by certified mail, return receipt requested,
to the owner of the parcel on which the proposed site is situated.
Notice shall be given by certified mail, return receipt requested,
to the owners of all property located within 200 feet of all exterior
boundary lines of the subject parcel. All such owners shall have the
right to confer with the commission prior to a final recommendation
by the Commission.
[Amended 5-5-1998 by L.L. No. 18-1998, effective 5-11-1998]
C.
If the Commission disapproves the application, additional information may be submitted to the Commission within 10 working days after date of disapproval for further consideration. If the proposed landmark or landmark site shall be disapproved by the Commission, the proceeding shall terminate unless the Town Board calls a public hearing within 90 days of the date of disapproval pursuant to Subsection D of this section. No application shall be considered for the same project for a period of one year from the date of initial filing. The Commission's decision on the application shall be filed forthwith with the Town Board and shall be mailed by the Town Clerk to the owner and resident of the subject property and interested persons by certified mail, return receipt requested. If the Commission approves an application, the Town Board shall call a public hearing within 90 days of the date of the approval pursuant to Subsection D of this section.
D.
A public hearing called by the Town Board to review an application
either approved or disapproved by the Commission shall be advertised
in a newspaper of general circulation in the town at least 14 days
prior thereto. Notice thereof shall be served by certified mail, return
receipt requested, postmarked at least 10 days prior to the date of
the public hearing upon the owner of the proposed site as shown by
the tax rolls of the town and to every property owner and resident
within 200 feet of all exterior boundary lines of the subject place,
site or structure. No place, structure or building shall be designated
as a landmark or landmark site unless so designated after a public
hearing has been duly called and held by the Town Board.
E.
When the Town Board decides an application, the Town Clerk shall
notify the Commission, the Department of Buildings and the Town Comptroller
of the decision.
A.
Upon receipt of notice that the Commission is considering a place, site, structure or building for designation as a landmark or landmark site, the Department of Buildings shall not issue any permit for the demolition, alteration or improvement of said place, site, structure or building for a period of 120 days unless prior to the expiration of said period there is a final determination by the Town Board that said place, site, structure or building has not qualified as a site. If within said period the Town Board designates the property in question as a landmark or landmark site, no building permit shall be issued unless pursuant to § 76-10 of this chapter.
B.
Upon notification that the Town Board has designated a site, the
Department of Buildings shall cause forthwith the subject property
to be so designated on the Landmark Map, and the Town Clerk shall
cause forthwith the filing of a certified copy of the designating
resolution of the Town Board with the office of the Clerk of the County
of Nassau, indexed against the section, block and lot designation
of the property on the Land and Tax Map of the County of Nassau.
[Amended 5-5-1998 by L.L. No. 18-1998, effective 5-11-1998]
A.
After a place, site, structure or building has been duly designated
by the Town Board as a site, the owner thereof shall be eligible for
reimbursement of the following taxes: the general town tax and the
part town building and zoning tax.
B.
The owner of a site shall be reimbursed for payment of the taxes
accruing after the date of formal designation of the site.
A.
By resolution, the Town Board shall authorize the Supervisor, as fiscal officer of the town, to reimburse the owner of a site for paid taxes pursuant to § 76-8 of this chapter within 90 days after the funds from said taxes become available to him for refund.
B.
The Town Comptroller is hereby authorized to adopt any necessary
procedure for reimbursement of said taxes.
A.
No structure, site, place or building designated as a site appearing
on the Landmark Map shall be constructed, altered, repaired, moved
or demolished unless there is compliance with the provisions of this
chapter.
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 sites.
C.
It shall be the duty of the Commission to review the plans before
the Department of Buildings issues a building permit therefor.
D.
The Commission shall review plans relating to only the exterior features
of a structure or building, which are visible from the public way,
exclusive of interior features.
E.
In reviewing the plans, the Commission shall give consideration to:
(1)
The historical and architectural value and significance of the building
or structure and its relationship to the surrounding area.
(2)
The general appropriateness of the exterior design.
(3)
Any other factors which the Commission deems pertinent to the benefit
of the town and to the historic significance of the structure or building
and surrounding area.
F.
Alterations, repairs, and additions to buildings or structures which
are designated as landmarks shall be made consistent with the materials
and style of the architectural period of which said building or structure
is characteristic.
G.
Moving of landmark buildings or structures may be allowed as an alternative
to demolition.
A.
Every application for a building permit for the reconstruction or
alteration of or addition to a duly designated landmark shall be referred
by the Commissioner of the Department of Buildings to the Commission
for its recommendations. No building permit shall be issued until
the Commission has filed its written recommendations with the Commissioner
of the Department of Buildings and mailed a copy thereof to the applicant.
B.
The application for a building permit shall not be deemed complete
until the Commission has filed its written recommendations forthwith.
C.
The recommendations of the Commission with respect to building permit applications shall be deemed binding on the Commissioner of Buildings, who shall not issue a building permit unless, in addition to compliance with all other requirements, the application has received the approval or conditional approval of the Commission, as such may be set forth in its recommendations, pursuant to the criteria set forth at § 76-10E of this chapter. The Commission's recommendations shall be issued within 120 days after the filing of a building permit application with the Commissioner of Buildings which is complete except for the recommendations of the Commission. Notwithstanding any other provision of this chapter, if the owner shall provide clear and convincing evidence to the Commission indicating that a landmark site has lost all substantial economic value as a result of being designated, then the Commission shall provide specific relief to the owner as is necessary to restore substantial economic value. In so doing, the Commission may impose conditions preserving historic significance and appearance to the extent it may deem practical and appropriate. Further, if the Commission shall determine that the grant of a building permit application will not negatively impact or jeopardize the preservation of the historic significance and architectural value of a landmark, then the Commission shall recommend approval of the application without qualification.
[Amended 5-5-1998 by L.L. No. 18-1998, effective 5-11-1998]
D.
Nothing contained in this chapter shall be deemed to prevent the
ordinary and necessary maintenance and repair of any exterior architectural
features of a designated landmark which does not involve a significant
change in design, material or outward appearance thereof.
E.
This chapter shall not apply in any case where the Department of Buildings determines the landmark site to be unsafe or dangerous to the life, health or property of any person and subject to remedial proceeding pursuant to Chapter 90 of the Code of the Town of Hempstead, entitled "Dangerous Buildings and Structures."
Whenever a site designated as a landmark is destroyed or its
exterior is altered to such an extent that it ceases to have architectural
significance, the Town Board may direct, by resolution, that it be
removed from the Landmarks Map. 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.
