It is hereby declared as a matter of public policy that the
protection, enhancement and perpetuation of structures of special
character or special historical or aesthetic interest or value is
a public necessity and is required in the interest of the health,
prosperity, safety and welfare of the people. The purpose of this
chapter is to:
A.
Effect and accomplish the protection, enhancement, perpetuation and
reasonable degree of control over structures, landmarks and preservation
districts, hereafter referred to as a "designation," which represent
or reflect elements of the Town's cultural, social, economic, political
and architectural history.
B.
Safeguard the Town's historic, aesthetic and cultural heritage, as
embodied and reflected in designations.
C.
Foster civic pride in the beauty and noble accomplishments of the
past.
D.
Enhance and protect the Town's attractions to tourists and visitors.
E.
Promote the use of designations for the education, pleasure and welfare
of the people of the Town.
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 designation.
A document evidencing approval by the Landmarks Preservation
Committee (LPC) of a proposal to make material change(s) in appearance(s)
of a designation.
The Town of North Castle Landmarks Preservation Committee
(LPC).
Selection of a site and/or structure, as noted in § 195-1A above.
The architectural style, design, general arrangement and
components of all of the outer structures and surfaces of a designated
site or structure, as distinguished from the interior spaces enclosed
by said exterior surfaces, 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 an improvement and of outdoor advertising and signs of any nature
within a designation.
The unit of real property which includes a physical change
constituting an improvement and the land embracing the site thereof,
and which is treated as a single entity for the purpose of levying
real estate taxes; provided, however, that the term "improved parcel"
shall also include any unimproved area of land which is treated as
a single entity for tax purposes and any tax-exempt improved parcel.
Any improved parcel which has a special character or special
historical or aesthetic interest or value as part of the development,
heritage or cultural characteristics of the Town, state or nation
and which has been designated pursuant to the provisions of this chapter.
More specifically, a "landmark" is a structure, memorial or site or
a group of structures or memorials, including the adjacent areas necessary
for the proper appreciation of the landmark, deemed worthy of preservation
by reason of its value to the community as an outstanding example
of a structure or memorial representative of its era, either past
or present; one of the few remaining examples of a past or present
architectural style or combinations of style; a place where a historical
event of significance to the community, region, state or nation or
representative activity of a past era took place; or any structure,
memorial or site which has a special character, special historical
and aesthetic interest and value as part of the development, heritage
and cultural characteristics of the community.
Work done in and on any designation or replacement of any
part of a designation, for which a permit issued by the Town Building
Inspector is not required by law, and where the purpose and effect
of such work or replacement is to correct a deterioration or decay
of or damage to such designation or any part thereof and to restore
same, as nearly as practicable, to its condition prior to the occurrence
of such deterioration, decay or damage. Preservation aims at halting
deterioration and providing structural stability but does not contemplate
significant rebuilding.
Any area which:
Contains one or more improved parcels or landmarks that:
Together or separately, have a special character or special
historical or aesthetic interest or value;
Represent one or more periods or styles of architecture typical
of one or more areas in the history of the Town; and
Cause such area, by reason of such factors, to constitute a
distinct section of the Town.
Has been designated as a preservation district pursuant to the
provisions of this chapter.
Any building, improvement, place, work of art or other object
constituting a physical change to real property, or any part thereof.
There is hereby created a Landmarks Preservation Committee,
which shall consist of nine members to be appointed by the Town Board
for terms of three years, provided that, of those members first taking
office, three shall be appointed at the pleasure of the Town Board
for one year, three for two years and three for three years. Each
member shall serve until the appointment of a successor. The membership
shall be limited to residents of North Castle and shall include, to
the extent possible, at least one architect, one civil engineer, one
historian and one realtor, all qualified in their respective fields.
A.
The powers of the Committee shall include:
(1)
Employment of staff and professional consultants, with approval of
the Town Board, as necessary to carry out the duties of the Committee;
(2)
Promulgation of rules and regulations as necessary to carry out the
duties of the Committee;
(3)
Adoption of criteria for the identification of significant historic,
architectural and cultural landmarks and for the delineation of historic
districts;
(4)
Conduct of surveys of significant historic, architectural and cultural
landmarks and historic districts within the Town;
(5)
Designation of identified structures or resources as landmarks and
historic districts;
(6)
Acceptance on behalf of the Town of the donation of facade easements
and development rights and the making of recommendations to the Town
concerning the acquisition of facade easements or other interests
in real property as necessary to carry out the purposes of this act;
(7)
Increasing public awareness of the value of historic, cultural and
architectural preservation by developing and participating in public
education programs;
(8)
Making recommendations to the Town Board concerning the utilization
of state, federal or private funds to promote the preservation of
landmarks and historic districts within the Town;
(9)
Recommending acquisition of a landmark structure by the Town where
its preservation is essential to the purposes of this act and where
private preservation is not feasible; and
(10)
Approval or disapproval of applications for certificates of
appropriateness pursuant to this act.
B.
The LPC shall adopt rules for the transaction of its business, which
shall include provisions for the time and place of holding meetings
and the giving of notice thereof to the public. A minimum of four
regular meetings shall be held each year. At any meeting, any person
shall be entitled to appear and be heard on a matter before the LPC
reaches its decision. Special meetings may be called by the Chairperson
or by any three members at any time, provided that at least 48 hours'
notice shall be given each member, the Town Clerk and the public before
a special meeting is held. Notification for all meetings must be in
writing and posted.
[Amended 1-24-2024 by L.L. No. 1-2024]
The LPC shall elect, from its members, a Chairperson and Vice
Chairperson, whose terms of office shall be fixed by the members.
The Chairperson shall preside over the meetings of the LPC and shall
have the right to vote and speak on all matters as other members.
The Vice Chairperson shall, in the absence or disability of the Chairperson,
perform the duties of the Chairperson and, if a vacancy shall occur
in the office of the Chairperson, shall become Chairperson for the
unexpired portion of the term of the Chairperson. In the absence or
disability of both the Chairperson and Vice Chairperson, the LPC shall,
by a majority vote of those present, choose one of its members to
perform the duties of the Chairperson.
The LPC shall elect from its members a Secretary, whose term
of office shall be fixed by the LPC and who shall keep a written record
of all of the transactions of the LPC. The records of the LPC shall
set forth the vote or abstention of every member participating therein
and the absence of or failure to vote of every other member. All written
records of the LPC shall be open to the public. The Secretary shall
send out notices and the agenda of all meetings. The Secretary shall
assist in the preparation of a budget for the LPC.
For official documentation, any designation must be photographed
and the various views drawn that are necessary to depict its exterior
design and construction. Where necessary and with the consent of the
owner(s), interior portions may be included in the documentation.
The Vice Chairperson shall be responsible for the preparation
of a yearly budget and submitting it to the LPC for its approval.
The approved budget shall be submitted to the Town Board for its action
by the first Tuesday in October of each year.
Items for consideration at any meeting must be submitted to
the Secretary one week prior to the issuance of the agenda for the
next meeting, except for special meetings which must be submitted
with the notice of the meeting.
All meetings of the LPC shall be open to the public.
