A.
Notwithstanding any other ordinance, code, rule or regulation concerning
the issuance of a building permit, and whether or not a proposed activity
requires a building permit, none of the following activities shall
be commenced on a designated historic landmark or in a designated
historic landmark district without the issuance of a certificate of
appropriateness:
B.
The certificate of appropriateness required by this article shall
be in addition to and not in lieu of any building, sign or other permit
or approval that may be required by any agency having jurisdiction
or authority.
C.
An application for a certificate of appropriateness shall be submitted
to the Commission in such form and including such written information
and such plans, elevations, drawings or other data as the Commission
may require.
D.
Not less than 10 nor more than 20 days before the Commission reviews
any application for a certificate of appropriateness, the applicant
shall be required to notify the owners of record as they appear on
the tax rolls of the Town of property located within 300 feet of the
boundary lines of the subject property, by first-class mail and by
registered or certified mail, identifying the subject property, stating
the nature of the application and the date, time and place for the
hearing. This notice shall also provide the address designated by
the Commission to which comments may be submitted to the Commission
on the application. The applicant must submit an affidavit of mailing
along with a copy of the notice and certified mail receipts postmarked
by the U.S. Postal Service to the Executive Secretary not less than
five days before the hearing. The Commission shall publish notice
of the public hearing for the certificate of appropriateness in the
local newspapers at least 10 days before the hearing date. The notice
shall state the nature of the application, including the location(s)
of the affected property, and the date, time and place of public hearing.
If, prior to the close of the public hearing, the Commission shall
determine that there is a failure to comply with the notice provisions
of this chapter, the public hearing may be recessed until there is
compliance with these notice provisions.
(1)
Where an application for a certificate of appropriateness is adjourned on the record to a date certain, the applicant must notice the new hearing date in the manner provided herein. Not less than 10 nor more than 20 days before the hearing, the applicant shall send, via first-class mail, a notice to each affected owner as specified in this Subsection D. The applicant must file an affidavit as to the mailing of such notices in accordance with this subsection with the Executive Secretary not less than five days before the hearing. The Commission shall publish notice of the new hearing date in the local newspapers at least 10 days before the date of the new hearing in the same manner as the original notice.
E.
In reviewing an application for a certificate of appropriateness,
the Commission shall be limited to those portions of an application
relating to the exterior architectural features.
F.
The Commission shall determine whether the proposed change will be
appropriate to the preservation of the historic landmark or historic
landmark district in view of the purposes of this chapter. In exercising
this power, the Commission shall:
(1)
With respect to historic landmarks, consider, in addition to any
other pertinent factors, the historical and architectural value, the
general appropriateness of the proposed design arrangement, texture
and material of component(s) or sign(s) involved and the relationship
thereof to other buildings, structures, sites or objects in the immediate
neighborhood.
(2)
With respect to historic landmark districts, consider, in addition
to any other pertinent factors and those set forth above, the visual
relationship between the building, structure, site or object that
is the subject of the application in question and existing buildings,
structures, sites or objects either immediately adjacent to or in
the surrounding area and the character of the historic landmark district
and the extent to which a new or altered building, structure, site
or object would be harmonious with or incongruous to the historic
and architectural qualities or distinctive aspects of the historic
landmark district.
G.
With respect to demolition or relocation in whole or in part of a
historic landmark or a building, structure, site or object in a historic
landmark district, the Commission shall consider whether:
(1)
The historic landmark or building, structure, site or object is of
such architectural or historic interest that its demolition or relocation
would be to the detriment of the public interest;
(2)
Retention of the building, structure, site or object would help preserve
and protect a historic place or area of historic interest in the Town.
H.
If the Commission approves an application which involves demolition
or relocation of a historic landmark or building, structure or object
or portions thereof within a historic landmark district, the property
shall be cleared and left in a manner which will have no adverse impact
on any adjacent properties or present a public danger. As an alternative
to demolition, the Commission may permit a building, structure or
object within a historic landmark district, or a building, structure
or object designated as a historic landmark, to be moved to another
site.
[Amended 9-22-2022 by L.L. No. 15-2022]
I.
In making its determination whether to approve an application for
a certificate of appropriateness, the Commission shall apply the standards
set forth in the United States Secretary of the Interior's Standards
for Rehabilitation and the Illustrated Guidelines for Rehabilitating
Historic Buildings issued by the National Park Service, except that
for applications related to historic landmark districts, such should
be considered only a guideline.
J.
Where the Commission approves an application under circumstances
where the permitted activity is likely to uncover or affect archaeological
resources the Commission shall require reasonable efforts to identify,
protect and preserve such resources. Where such protection and preservation
is not feasible, the Commission shall nevertheless impose appropriate
and reasonable conditions to insure that the archaeological resources
are made accessible for a reasonable period of time to qualified persons.
K.
Nothing in this chapter shall be construed to prevent the following:
(1)
Ordinary maintenance, repair or replacement in kind with like materials
of similar quality, of any place, site, structure, object or building
designated as a historic site, or any property located wholly or partially
within the boundaries of a historic landmark district; or
(2)
The installation, replacement or relocation of ground-mounted generators
or heating, ventilation and air-conditioning (HVAC) units and appurtenances,
provided that a permit is obtained from the Building Department and
that such generators or HVAC units and appurtenances, shall be screened
from adjoining lots and the public street by a completely planted
visual barrier consisting of evergreen plantings to be a minimum of
six inches above the top of the unit.
(a)
All screening shall be maintained in a healthy condition. Any
planting or landscaping which may become diseased, or die shall be
removed and promptly replaced with plantings similar in size and type.
(b)
The proposed use of fencing or other manmade screening to shield
generators or HVAC units and appurtenances, is not exempt by this
provision and shall require prior review by the Commission.
(c)
Nothing in this section shall be construed as to permit the
exterior installation, replacement or relocation of appurtenant ductwork
to the facade of a building or structure visible to the public street
without prior review by the Commission.
L.
New construction shall be consistent with the architectural styles,
massing, spacing and height of the structures of historic value in
a historic landmark district. However, the Commission may approve
the construction of buildings or structures which have a dissimilar
architectural style to that of a historic landmark district, if the
Commission determines that such new construction will be consistent
with the goals of this chapter.
M.
After conducting a hearing to consider an application described in
this section, the Commission shall vote to either approve or deny
the application. The Executive Secretary shall notify the applicant
of the Commission's approval or denial. The Commission shall
only approve an application if the proposed modification is compliant
with the provisions and purposes of this chapter.
[Added 9-22-2022 by L.L. No. 15-2022]
A.
An applicant
whose certificate of appropriateness has been denied may apply to
the Commission for appropriate relief from the requirements of this
article or conditions imposed by the Commission on the grounds that
such requirements or conditions imposed will result in an economic
hardship. Consideration of economic hardship may occur at the same
meeting as consideration of an application for a certificate of appropriateness,
or by separate application to the Commission within 60 days of the
denial of a certificate of appropriateness.
B.
Alteration
or construction. Notwithstanding any other provisions of this chapter,
a certificate of appropriateness for a proposed alteration or construction
will be granted by the Commission based on economic hardship if the
applicant establishes that the following facts and conditions exist:
(1)
The
land or improvement in question cannot yield a reasonable return if
the proposed construction or alteration is not permitted; or
(2)
The
hardship of the applicant is due to unique circumstances, the proposed
alteration or construction will not alter the essential character
of the area, the cost of the alternative acceptable to the Commission
is prohibitive as compared to the cost of the alternative proposed
by the applicant, and the hardship is a result of the application
of the chapter and is not the result of any act or omission by the
applicant.
C.
Demolition or relocation. Notwithstanding any other provisions of this chapter, a certificate of appropriateness for a demolition or relocation application shall be issued by the Commission if the application meets the criteria set forth in § 27-8G(1) or (2) above, and the applicant establishes an economic hardship based on the existence of the following facts and conditions:
(1)
The
property is incapable of earning a reasonable return, regardless of
whether that return represents the most profitable return possible;
and
(2)
The
property cannot be adapted for any other use, whether by the current
owner or by a purchaser, which would result in a reasonable return,
regardless of whether that return represents the most profitable return
possible; and
(3)
Efforts
to find a purchaser interested in acquiring the property and preserving
it have failed.
D.
The Commission
shall consider whether the owner has created its own hardship through
waste and neglect, thereby permitting the property to fall into a
serious state of disrepair.
E.
Economic
hardship shall not be determined on the basis of the personal finances
of the applicant.
F.
If a hardship
applicant's primary purpose or mission is philanthropic, eleemosynary,
religious or charitable, and whose request for a certificate of appropriateness
was made in furtherance of philanthropic, eleemosynary, religious
or charitable purposes, such applicant must establish that the Commission's
action seriously interferes with the applicant's ability to continue
the current use of the property and seriously interferes with the
applicant's philanthropic, eleemosynary, religious or charitable purposes.
G.
The Commission
may solicit expert testimony or require that the applicant make submissions
concerning any information deemed necessary by the Commission to make
a determination of economic hardship.
H.
All decisions
by the Commission with respect to hardship applications shall be in
writing. The Commission's decision shall state the reasons for granting
or denying the hardship application. A copy of the decision shall
be sent to the applicant by the Executive Secretary.
A.
Applications for a building permit to construct, alter, move or demolish any place designated as a historic landmark or located within a historic landmark district shall be made to the Department of Buildings pursuant to Chapter 2 of the Code of the Town of North Hempstead, except as provided hereafter. A location map and plan drawing shall be submitted with the application. The application shall identify the structure as either a designated historic landmark or a structure within a historic landmark district, and shall include the following information:
(1)
Name, address and telephone number of applicant;
(2)
Location and photographs of the subject property and properties within
the immediate vicinity;
(3)
Elevation drawings of proposed changes, if any;
(4)
Perspective drawings, including relationship to adjacent properties,
if available;
(5)
Samples of materials to be used;
(6)
Where the proposal includes signs or lettering, a scale drawing showing
the type of lettering to be used, all dimensions and colors, a description
of materials to be used, method of illumination, and a plan showing
the sign's location on the property; and
(7)
Any other information as requested by the Commissioner.
B.
A completed building permit application filed with the Department of Buildings pursuant to § 27-9A herein shall be subject to expedited review by the Department of Buildings. Upon completion of the Department of Buildings initial review, the Commissioner or his or her designee shall promptly cause a copy of the application and all supporting materials to be transferred to the Executive Secretary for review and compliance with this section and shall notify the applicant of the need to file an application for a certificate of appropriateness or, if applicable, an administrative certificate of appropriateness pursuant to Subsection H herein, with the Commission.
D.
In the event that an application is approved, the Executive Secretary
shall produce and sign a certificate of appropriateness consistent
with the Commission's approval, or an administrative certificate
of appropriateness consistent with the Expedited Review Committee's
approval. Copies of the certificate of appropriateness or administrative
certificate of appropriateness shall be provided by the Executive
Secretary to the applicant and the Supervisor of Plan Examination
in the Department of Buildings, together with any required backup
documentation. The Commissioner shall not issue a building permit
until the Commission has issued a certificate of appropriateness or
an administrative certificate of appropriateness. If the Commission
denies a certificate of appropriateness, no building permit shall
be issued.
E.
If the Commission issues a certificate of appropriateness or an administrative
certificate of appropriateness, the Building Department shall continue
its review of the application for a building permit in accordance
with its usual procedures and standards and shall make its determination
based on same.
F.
Where a proposed activity on a designated historic landmark or in
a designated historic landmark district does not require a building
permit, the applicant may proceed to file an application with the
Executive Secretary for a certificate of appropriateness or administrative
certificate of appropriateness.
G.
Every owner or other person in charge of a landmark building, structure,
site or object or a building, structure, site or object in a historic
landmark district shall keep in good and proper repair the property
and all portions thereof which, if not so maintained, may cause or
tend to cause the property to deteriorate, decay or become damaged
or otherwise to fall into a state of disrepair.
H.
Expedited review; administrative certificate of appropriateness.
(1)
Certain minor exterior alterations, restorations and changes of material
that do not have a substantial adverse impact on the historic character
of a designated historic landmark or designated historic landmark
district, where applicable, and which conform to the Secretary of
the Interior's Standards for Historic Preservation, may be approved
on behalf of the Commission without a formal hearing and issued an
administrative certificate of appropriateness. Such approval shall
be made by the Expedited Review Committee which shall be comprised
of the Executive Secretary and two members of the Commission, one
of whom shall be an architect.
(2)
An applicant may apply, in writing, to the Executive Secretary requesting
expedited review, which request shall include such supportive documentation
as the Executive Secretary may require. The Executive Secretary shall
review the request to determine whether the proposed action may have
a substantial adverse impact on the historic character of a designated
historic landmark or designated historic landmark district, and if
it meets one of the following eligible activities:
(a)
Replacement of existing retaining walls with materials which
are not replacement in kind.
(b)
Replacement of existing roofing materials with materials which
are not replacement in kind.
(c)
Removal, installation or replacement of fences, excluding the
installation or replacement of fences composed of vinyl, PVC or similar
material.
(d)
Removal of trees not in the Town's right-of-way, provided
a certified arborist letter or multiple photos with a written explanation
indicating imminent danger accompanies the request.
(e)
The restoration of fire or storm damage not exempted from this chapter pursuant to § 27-10, with materials which are not replacement in kind. A material list shall be provided to the Plan Examiner and the Building Inspector in the Department to assure accuracy of the replacement materials.
(f)
Awnings. Installation of new awning fabric, without signage,
to be canvas or treated fabric on an existing awning frame.
(g)
Installation of an aboveground swimming pool or freestanding
hot tub.
(h)
Alteration, construction, demolition or relocation of a noncontributing
building or structure, or part thereof, located within a historic
district.
(3)
Within five business days following receipt of an application for
expedited review, the Executive Secretary shall:
(a)
Review the application, together with the documentation supporting
it;
(b)
Render a preliminary written determination as to eligibility;
and
(c)
Forward the application, preliminary written eligibility determination,
and all supporting documentation to the Expedited Review Committee
for confirmation of eligibility and approval or denial of the application
for an administrative certificate of appropriateness.
(4)
The following items shall be considered by the Expedited Review Committee
in making a determination when reviewing an application for an administrative
certificate of appropriateness:
(a)
Whether the application requires full review by the Commission
for a certificate of appropriateness.
(b)
Whether the application involves an emergency situation which
has created a danger to health and/or safety that is preventing all
or part of the building or structure from being occupied.
(c)
Whether the application if granted could create a potential
danger to persons, the building or structure or other surrounding
buildings or structures.
(5)
The members of the Expedited Review Committee shall have five business
days to consider the application for an administrative certificate
of appropriateness and to make one of the following determinations:
a) approval of the application; b) denial of the application; or c)
require full review by the Commission for a certificate of appropriateness.
The applicant shall be promptly notified, in writing, by the Executive
Secretary of the determination.
(6)
Where the two members of the Expedited Review Committee make recommendations
contrary to one another, the application under consideration shall
be scheduled for full review by the Commission for a certificate of
appropriateness.
(7)
Each application denied by expedited review shall be scheduled for
full review by the Commission for a certificate of appropriateness.
(8)
For each application granted by expedited review, the Executive Secretary
shall, within five business days, draft an administrative certificate
of appropriateness for review and approval by the Chairman. A copy
of the final administrative certificate of appropriateness shall be
forwarded to the applicant by the Executive Secretary.
(9)
The Executive Secretary shall provide written notice to the Commission
of each application decided by expedited review.
I.
Expiration
of approval; extension of approval.
[Added 9-22-2022 by L.L. No. 15-2022]
(1)
A certificate of appropriateness shall expire three years from the date of issuance if the applicant has not obtained a building permit to develop the property that is the subject of the application for a certificate of appropriateness in accordance with the plans for which the certificate of appropriateness was granted, unless an extension of time has been granted by the Commission pursuant to Subsection I(2) herein. In those instances where an activity subject to a certificate of appropriateness does not require a building permit, the certificate of appropriateness shall expire three years from the date of issuance if the work authorized thereby is not commenced by the end of such three-year period, unless an extension of time has been granted by the Commission pursuant to Subsection I(2) herein.
(2)
Upon
the request of the applicant, the Commission may extend a certificate
of appropriateness for not more than one year per application, up
to a maximum of three one-year extensions. The applicant seeking an
extension of a certificate of appropriateness shall submit a written
request to the Commission, together with any supporting documentation.
Such request shall be filed prior to the expiration date of the certificate
of appropriateness or previous extension. Failure to file a timely
request shall result in a lapse of the certificate of appropriateness.
This chapter shall not apply to actions undertaken by any person pursuant to an order issued pursuant to Chapter 2A of the Code of the Town of North Hempstead for the purpose of remedying conditions determined to be unsafe or dangerous to the life, health or property of any person. Where feasible, the replacement of damaged materials shall be replacement in kind. Where replacement in kind materials are feasible but would cause a delay in remedying the conditions determined to be unsafe or dangerous, temporary measures to prevent further damage should be used if possible, provided these measures are reversible without damage to the building or structure. In complying with an order as described above, a copy of any compliance plan shall be provided to the Commission.
Plans for the construction, alteration or demolition of any
structure or object or proposed structure which is owned by Nassau
County, the Town of North Hempstead or any other local government,
or is to be constructed upon property owned by Nassau County, the
Town of North Hempstead, or any other local government; and is located
on a historic landmark or in a historic landmark district shall, prior
to final Town action approving or otherwise authorizing the use of
such plans with respect to securing the performance of such work,
be referred to the Commission by the governmental agency having responsibility
for the preparation of such plans. Within 60 days after such referral,
the Commission shall submit its recommendations thereon to the Town
Board and the referring agency. Failure of the Commission to submit
such recommendations within said 60 days shall be deemed approval
by the Commission.
Any application for designation of a historic landmark or historic
landmark district shall be submitted to the Executive Secretary and
shall be accompanied by fees in the amount indicated in the Town of
North Hempstead Fee Schedule. No fee shall be required for any application
made by the Commission on its own motion.
A.
Any offense against any provision of this chapter, except a violation of Article IV, § 27-8A, shall be a violation punishable by a fine not to exceed $250 or by imprisonment for a term not to exceed 15 days, or both such fine and imprisonment. Each day's offense against this chapter shall constitute a separate and distinct violation.
C.
In addition to the penalties set forth in this section, the Town
Attorney may institute appropriate proceedings to prevent, restrain,
correct or abate a violation of this chapter.
Those aggrieved by any decision of the Commission may appeal
such decision to the Supreme Court in the State of New York pursuant
to Article 78 of the Civil Practice Law and Rules, provided it is
commenced within the governing statute of limitations.
If any clause, sentence, paragraph, section, word or part of
this chapter is adjudged by any court of competent jurisdiction to
be invalid, the judgment shall not affect, impair or invalidate the
remainder of this chapter, but shall be confined in its operation
to the, sentence, paragraph, section or part of this chapter directly
involved in the controversy to which the judgment is rendered.
