The Commission shall delineate landmarks or historic districts
and recommend them to the City governing board for designation under
local law.
A. Local landmark designation.
(1) The ARC may make a recommendation to the City Council for the local
designation of a structure, building or property as a landmark if
it:
(a)
Exemplifies or possesses special character, or historic or aesthetic
interest of value as part of the political, economic, or social history
of the City;
(b)
Is identified with persons or events significant in local, state,
or national history;
(c)
Embodies the distinguishing characteristics of a type, period
or method of construction or design style, or is a valuable example
of the use of indigenous materials or craftsmanship; or is representative
of the work of a designer, architect or builder;
(d)
Represents an established and familiar visual feature of the
community; or
(e)
Has yielded or may be likely to yield information important
in prehistory or history.
(2) Notice of a proposed designation shall be sent by certified mail
to the owner of the property proposed for designation at the address
on file for said property owner with the City Assessor, describing
the property proposed and announcing a public hearing by the City
Council to consider the designation. The proposal shall also be published
at least once in all official newspapers of the City at least five
days prior to the date of the public hearing. Once the City Council
has issued notice of a proposed designation, no building permit shall
be issued by the Building Inspector until the City Council has made
its decision.
(3) The City Council shall hold a public hearing prior to designation
of any local landmark. The ARC, owners, and 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 landmark. The record may also
contain staff reports, public comments, or other evidence offered
outside of the hearing.
(4) The City Council shall forward notice of each property designated
as a local landmark to the office of the Orange County Clerk for recordation.
(5) The location of each local landmark designated henceforth shall be
specified in detail and shall be filed, in writing, in the Building
Inspector's office for public inspection.
B. Historic district or architectural design district.
(1) The ARC may recommend to the City Council the designation of a group
of properties as a local historic district or architectural design
district if the proposed district:
(a)
Contains properties which meet one or more of the criteria for
designation of a landmark; and
(b)
By reason of possessing such qualities, constitutes a distinct
section of the City.
(2) Designation of an historic district or architectural design district represents an amendment to this chapter and Zoning Map and shall be done in accordance with procedures contained in §
300-39 of this chapter and in accordance with § 83 of the General City Law of the State of New York.
(3) The location of each local historic district or architectural design
district designated henceforth shall be specified in detail and shall
be filed, in writing, in the Building Inspector's office for public
inspection.
(4) The location of each historic district or architectural design district
shall be shown as an overlay district on the City of Newburgh Zoning
Map.
(5) The City Council shall forward notice of each designated historic
district or architectural design district to the office of the Orange
County Clerk for recordation.