[HISTORY: Adopted by the Board of Trustees of the Village of Southampton 11-25-1986 by L.L. No. 6-1986; amended in its entirety 4-13-2023 by L.L. No. 8-2023. Subsequent amendments noted where applicable.]
A. 
The purpose of this chapter is to promote the general welfare by providing for the identification, protection, enhancement, perpetuation, and use of buildings, structures, signs, features, improvements, sites, and areas within the Southampton Village that reflect special elements of the Southampton Village's historical, architectural, cultural, economic or aesthetic heritage for the following reasons:
(1) 
To foster public knowledge, understanding, and appreciation in the beauty and character of the Village and in the accomplishments of its past;
(2) 
To ensure the harmonious, orderly, and efficient growth and development of the Southampton Village;
(3) 
To enhance the visual character of the Village by encouraging new design and construction that complements the Southampton Village's historic buildings;
(4) 
To protect and promote the economic benefits of historic preservation to the Southampton Village, its inhabitants and visitors;
(5) 
To protect property values in the Southampton Village;
(6) 
To promote and encourage continued private ownership and stewardship of historic structures;
(7) 
To identify as early as possible and resolve conflicts between the preservation of historic landmarks/districts and alternative land uses; and
(8) 
To conserve valuable material and energy resources by ongoing use and maintenance of the existing built environment.
B. 
The Board of Trustees recognizes that the workings of the Board of Architectural Review and Historic Preservation (BARHP) and the processes as described in this chapter are often of a unique character. As such, the requirements and definitions included in this chapter are to be followed, notwithstanding any other conflicting language within the Village Code.
C. 
Definitions. As used in this chapter, the following words and phrases have the following meaning:
ACQUISITION
The act or process of acquiring fee title or other interest in real property, including acquisition of development rights or remainder interest.
ADDITION
Any construction, act, or process that changes or increases one or more of the exterior architectural features of a building or structure by adding to, joining with or increasing the size or capacity of the building or structure in terms of lot coverage, height, length, width, or gross floor area.
APPROPRIATE
Especially suitable or compatible.
ARCHITECTURAL SIGNIFICANCE
The quality of a building or structure based on its date of erection, style and scarcity of same, quality of design, design by a significant architect of note, present condition and appearance, or other characteristics that embody the distinctive characteristics of a type, period or method of construction.
BUILDING
A structure with a roof supported by columns, posts or walls.
BUILDING INSPECTOR
The person, or his or her designee, authorized and certified to enforce the New York State Uniform Fire Prevention and Building Code. The person, or his or her designee, who is also authorized by the Southampton Village Trustees to enforce this chapter, except where another official is expressly authorized.
CERTIFICATE OF APPROPRIATENESS
A determination issued by the Southampton BARHP stating that the proposed work on a property within the Historic District or a designated historic landmark is compatible with the historic character of the property and the Historic District and thus in accordance with the provisions of this chapter and therefore: (1) the proposed work may be completed as specified in the certificate; and (2) the Southampton Village's departments may issue any permits needed to do the work specified in the certificate.
CERTIFICATE OF ECONOMIC HARDSHIP
An official form issued by the BARHP when the denial of a certificate of appropriateness has deprived, or will deprive, the owner of the property of all reasonable use of, or economic return on, the property.
CHANGE
Any alteration, demolition, removal or construction involving any property subject to the provisions of this chapter.
CHARACTER
Defined by form, proportion, structure, plan, style or material. "General character" refers to ideas of design and construction such as basic plan or form. "Specific character" refers to precise ways of combining particular kinds of materials.
COMPATIBLE
In harmony with location, context, setting, and historic character.
CONSTRUCTION
The act of making an exterior alteration that changes the appearance of an existing structure, constructing an addition to an existing structure, or the erection of a new principal or accessory structure on a lot or property.
CONTRIBUTING RESOURCE
Any building, structure, object or site within the boundaries of the district that contributes to its historic or cultural associations, designed by a noted architect, historic architectural qualities or archaeological qualities of an historic district.
DEMOLISH
Any act or process that removes or destroys in whole or in part a building, structure, or resource.
DEMOLITION PERMIT
A permit issued by the building official allowing the applicant to demolish a building or structure or a part thereof, after having received a certificate of demolition approval from the Board.
EVALUATION
The process by which the significance and integrity of a building, structure, object, or site is judged by an individual who meets the professional qualification standards published by the National Park Service at 36 CFR Part 61 as determined by the State Historic Preservation Office, using the designation criteria outlined in § 65-3 of this chapter.
EXTERIOR ALTERATION
Any change to a structure not involving an addition, that is visible from the outside of the structure, including a change in exterior materials or color, fenestration design, and any change to window and door openings.
EXTERIOR ARCHITECTURAL FEATURES
The architectural style, design, general arrangement and components of all of the outer surfaces of any building or structure.
FEATURE
Elements embodying the historical significance or architectural style, design, general arrangement and components of all of the exterior surfaces of any landmark or historic resource, including, but not limited to, the type of building materials, and type and style of windows, doors, or other elements related to such landmark or historic resource.
HISTORIC CONTEXT
A unit created for planning purposes that groups information about historic properties based on a shared theme, specific time period and geographical area.
HISTORIC DISTRICT – LOCAL
An area designated as an historic district by this historic preservation Chapter, and which contains within definable geographic boundaries a significant concentration, linkage or continuity of sites, buildings, structures, or objects united historically or aesthetically by plan or physical development. An historic district designated under this chapter shall not to be construed as a zoning district of the Southampton Village, and nothing contained herein shall be construed as authorizing the BARHP to adopt a law, by-law or regulation that regulates or limits the height and bulk of buildings, regulates and determines the area of yards, courts and other open spaces, regulates density of population or regulates or restricts the locations of trades and industries or creates zoning districts for any such purpose.
HISTORIC FABRIC
Original or old building materials (masonry, wood, metals, marble) or construction.
HISTORIC INTEGRITY
The retention of sufficient aspects of location, design, setting, workmanship, materials, feeling or association for a property to convey its historic significance.
HISTORIC PROPERTY
A district, site, building, structure, or object significant in American history, architecture, engineering, archeology, or culture at the national, state, or local level.
HISTORIC RESOURCE
Any evaluated building, structure, object, or site that potentially meets the designation criteria outlined in § 65-3.
HISTORIC RESOURCES SURVEY
(1) 
The process of systematically identifying, researching, photographing, and documenting historic resources within a defined geographic area; and
(2) 
The resulting list of evaluated properties that may be consulted for future designation.
For the purpose of this chapter, all surveys shall be conducted in accordance with the Secretary of the Interior's Standards and Guidelines for Identification and Evaluation, as may be amended.
HISTORIC SIGNIFICANCE
The quality of a place, site, building, district or structure based upon its identification with historic persons or events in the Southampton Village.
INTEGRITY
The authenticity of a property's historic identity, evidenced by the survival of physical characteristics that existed during the property's historic or prehistoric period.
INTERIOR LANDMARKS
Interior landmarks are noted for the portions of their interior that are open to the public.
INVENTORY
A list of historic properties determined to meet specified criteria of significance.
LANDMARK
Any building, structure or site that has been designated as a "landmark" by the BARHP pursuant to procedures described in § 65-3 that is worthy of preservation, restoration or rehabilitation because of its historic or architectural significance.
LISTING
The formal entry or registration of a property.
MAINTAIN
To keep in an existing state of preservation or repair.
MINOR WORK
Any change, modification, restoration, rehabilitation, or renovation of the features of an historic resource that does not materially change the historic characteristics of the property.
MOVE
Any relocation of a building or structure on its site or to another site.
NATIONAL REGISTER CRITERIA
The established criteria for evaluating the eligibility of properties for inclusion in the National Register of Historic Places.
NATIONAL REGISTER OF HISTORIC PLACES
The official inventory of the nation's historic properties, districts, sites, districts, structures, objects and landmarks which are significant in American history, architecture, archaeology, and culture, maintained by the Secretary of the Interior under the authority of the Historic Sites Act of 1935 and the National Historic Preservation Act of 1966 (16 U.S.C. § 470 et seq., 36 CFR 60, 63, as may be amended).
NONCONTRIBUTING
A feature, addition or building, structure, object or site which does not add to the sense of historical authenticity or evolution of an historic resource or landmark or where the location, design, setting, materials, workmanship, history, and/or association of the feature, addition or building, structure, object or site has been so altered or deteriorated that the overall integrity of that historic resource or landmark has been irretrievably lost.
OBJECT
Constructions that are primarily artistic in nature or are relatively small in scale and simply constructed. Although it may be movable by nature or design, an object is associated with a specific setting or environment. Examples include boundary markers, mileposts, fountains, monuments, and sculpture. This term may include landscape features.
OWNER
Those individuals, partnerships, corporations, or public agencies holding fee simple title to property, as shown on the records of the Suffolk County Clerk of the Southampton Village.
PERIOD OF SIGNIFICANCE
The length of time when a property was associated with important events, activities, or persons, or attained characteristics which qualify it for landmark status. Period of significance usually begins with a date when significant activities or events began giving the property its historic significance; this is often a date of construction.
PRESERVATION
The act or process of applying measures necessary to sustain the existing form, integrity, and materials of an historic property. Work, including preliminary measures to protect and stabilize the property, generally focuses upon the ongoing maintenance and repair of historic materials and features rather than extensive replacement and new construction. New exterior additions are not within the scope of this treatment; however, the limited and sensitive upgrading of mechanical, electrical, and plumbing systems and other code-required work to make properties functional is appropriate within a preservation project.
PREVENTATIVE MAINTENANCE
Any work to prevent deterioration or damage to the structural integrity or any exterior feature of a landmark or historic resource that does not involve a change in design, material or exterior appearance. Such work includes, but is not limited to, painting, roof repair, foundation or chimney work, or landscape maintenance.
PROPERTY TYPE
A grouping of individual properties based on a set of shared physical or associative characteristics.
REHABILITATION
The act or process of making possible a compatible use for a property through repair, alterations, and additions while preserving those portions or features of the property which convey its historical, architectural and cultural values.
REPAIR
Acts of ordinary maintenance that do not include a change in the design, material, form, or outer appearance of a resource, such as repainting in the existing color. This includes methods of stabilizing and preventing further decay, and may incorporate replacement in-kind or refurbishment of materials on a building or structure.
RESTORATION
The act or process of accurately depicting the form, features, and character of a property as it appeared at a particular period of time by means of the removal of features from other periods in its history and reconstruction of missing features from the restoration period. The limited and sensitive upgrading of mechanical, electrical, and plumbing systems and other code-required work to make properties functional is appropriate within a restoration project.
RETAIN
The act of keeping an element, detail or structure and continuing the same level of repair to aid in the preservation of elements, sites, and structures.
REVERSIBLE
An addition which is made without damage to the project's original condition.
SCENIC LANDMARK
Scenic landmarks encompass structures that are not buildings, such as bridges, piers, parks, cemeteries, sidewalks, clocks, and trees.
SECRETARY OF THE INTERIOR'S STANDARDS FOR THE TREATMENT OF HISTORIC PROPERTIES
Principles developed by the National Park Service (36 CFR 68.3, as may be amended) to help protect historic properties by promoting consistent preservation practices and providing guidance to historic building owners and building managers, preservation consultants, architects, contractors, and project reviewers on how to approach the treatment of historic properties. The Secretary of the Interior Standards for the Treatment of Historic Properties may also be referred to in this chapter as "Secretary of the Interior's Standards."
SIGNIFICANT
Having particularly important associations with the contexts of architecture, history and culture.
SITE
The location of a significant event, a prehistoric or historic occupation or activity, or a building or structure, whether standing, ruined or vanished, where the location itself maintains historical or archaeological value regardless of the value of any existing buildings, structures or other objects. Examples of a site are a battlefield, designed landscape, trail, or camp site.
STABILIZATION
The act or process of applying measures designed to reestablish a weather resistant enclosure and the structural stability of an unsafe or deteriorated property while maintaining the essential form as it exists at present.
STRUCTURE
Any assemblage of materials forming a construction framed of component structural parts for occupancy or use, including buildings.
STYLE
A type of architecture distinguished by special characteristics of structure or ornament and often related in time; also a general quality of distinctive character.
UNDERTAKING
Any project or other action involving the expansion, modification, development or disposition of the physical plant or any site or building.
[Amended 2-12-2026 by L.L. No. 1-2026]
A. 
The Board of Architectural Review and Historic Preservation shall administer the provisions of this chapter.
(1) 
Training and attendance requirements:
(a) 
Each member of the Board shall complete, at a minimum, four hours of training each year designed to enable such members to more effectively carry out their duties. Training received by a member in excess of four hours in any one year may be carried over by the member into succeeding years in order to meet this requirement. Such training shall be approved by the Southampton Village Board of Trustees and may include, but not be limited to, training provided by a municipality, regional or county planning office or board, county planning federation, state agency, statewide municipal association, college or other similar entity. Training may be provided in a variety of formats, including but not limited to, electronic media, video, distance learning and traditional classroom training.
(b) 
To be eligible for reappointment to the BARHP, a member shall have completed the training approved by the Southampton Village Board of Trustees.
(c) 
The training may be waived or modified by resolution of the Board of Trustees when, in the judgment of the Southampton Village Board of Trustees, it is in the best interest to do so.
(d) 
No decision of a BARHP shall be voided or declared invalid because of a failure to comply with this section.
B. 
The powers of the BARHP shall include:
(1) 
Approval or disapproval of applications for certificates of appropriateness.
(2) 
Adoption of criteria for the identification of significant historic, architectural and cultural landmarks and for the delineation for historic districts.
(3) 
Conducting surveys of significant historic, architectural and cultural landmarks and historic districts.
(4) 
Designation of identified structures or resources as landmarks and recommendation for the designation of historic districts.
(5) 
Acceptance on behalf of the Southampton Village Board of Trustees of the donation of facade easements and development rights; and the making of recommendations to the Southampton Village Board of Trustees concerning the acquisition of facade easements or other interests in real property as necessary to carry out the purposes of this chapter.
(6) 
Increasing public awareness of the value of historic, cultural and architectural preservation by developing and participating in public education programs.
(7) 
Making recommendations to Southampton Village Board of Trustees concerning the utilization of state, federal or private funds to promote the preservation of landmarks and historic districts within the Village.
(8) 
Recommending acquisition of landmark structures by the Southampton Village Board of Trustees where such preservation is essential to the purpose of this chapter and where private preservation is not feasible.
(9) 
Regulations. Making recommendations to the Southampton Village Board of Trustees regarding regulations relating to any subject matter over which the BARHP has jurisdiction under this chapter. Any such recommendation may be adopted by local law if such regulation will amend the provisions of this chapter, and may otherwise be adopted by the Board of Trustees in such form as that Board deems appropriate.
(10) 
By-laws; meetings. The BARHP may approve by-laws that are consistent with this Chapter 65. Such by-laws shall provide for the time and place of holding regular meetings; and may provide for the calling of special meetings by the chairperson or by written request of at least two members of the BARHP. Regular meetings shall be held at least once a month.
All regular or special meetings of the Board shall be consistent with the notice provisions of the New York Open Meetings Law[1] and shall be open to the public.
[1]
Editor's Note: See Art. 7 of the Public Officers Law, § 100 et seq.
(11) 
The BARHP may establish by resolution permanent or ad hoc committees consisting of no less than two current members of the BARHP for assignments assigned to it by the full BARHP.
[Amended 2-12-2026 by L.L. No. 1-2026]
The BARHP shall designate landmarks and shall make a recommendation to the Village Board of Trustees for the designation of historic districts within Southampton Village under this local preservation law. The Southampton Village Board of Trustees, upon a recommendation of the BARHP, shall designate historic districts under this chapter.
A. 
Individual landmark. The BARHP may designate an individual property as an individual landmark if it meets with one or more of the following:
(1) 
Exemplifies or possesses special character, or historic or aesthetic interest of value as part of the political, economic, or social history of Southampton Village;
(2) 
Is identified with persons or events significant in local, state, or national history;
(3) 
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;
(4) 
Represents an established and familiar visual feature of the community by virtue of its unique location or singular physical characteristic, represents an established and familiar visual feature of the community;
(5) 
Has yielded or may be likely to yield information important in prehistory or history; or
(6) 
Is the work of an architect of significance.
B. 
Historic district. The BARHP may recommend and the Village Board of Trustees may designate, pursuant to § 65-3M, a group of properties within the Village as an historic district if a majority of properties therein:
(1) 
Contain properties which meet one or more of the criteria for designation as a landmark and which may have within its boundaries other properties or structures that, while not of such historic and/or architectural significance to be designated as landmarks, nevertheless contribute to the overall visual characteristics of the landmark or landmarks located within the historic district; and
(2) 
Constitute a unique section of Southampton Village by reason of possessing those qualities that would satisfy such criteria.
C. 
Interior landmark. The BARHP may designate the interior of a property or portion thereof as an interior landmark if such interior has special historical or aesthetic interest or value as part of the development, heritage or cultural characteristics of the Village, or of the neighboring or surrounding town, city, state or nation, or meets with one or more of the criteria set forth in § 65-3A(1) through (6) pertaining to individual properties as set forth above and:
(1) 
It is customarily open or accessible to the public; or
(2) 
It is an interior into which the public is customarily invited.
D. 
Scenic landmark. The BARHP may designate a landscape feature or group of features if the landscape feature or group of features has special historical, aesthetic interest of value as a part of the natural physical appearance of the Village and its surroundings.
E. 
Ordinarily, properties that have achieved significance within the past 50 years are not considered eligible for designation/delineation under this landmarks preservation chapter or local law adopted by the Southampton Village Board of Trustees. However, such properties will qualify if they are:
(1) 
Integral parts of historic districts that meet the criteria for designation; or
(2) 
If they are properties of exceptional importance.
F. 
Each landmark and the boundaries of each historic district designated shall be filed, in writing, in the Village Clerk's office for public inspection.
G. 
Notice of a proposed designation of a landmark or a designation or recommendation of designation of a historic district shall be sent by certified mail, return receipt requested, and regular mail to the owners of the properties proposed for designation, describing the properties proposed and announcing a public hearing by the BARHP or the Village Board of Trustees to consider the designation at least 10 days' prior to the hearing. Where the proposed designation or recommendation of designation of an historic district includes more than 10 properties and involves individual notice which the Board deems infeasible, in lieu of notice by certified mail, return receipt requested, and by regular mail, notice may be published in a newspaper of general circulation in the Village at least 15 days' prior to the date of the public hearing. Notice shall be complete upon the mailing or publication being timely made and there shall be no requirement that completed mailing receipts be received in order for notice to be complete.
H. 
The BARHP and the Village Board of Trustees shall hold a public hearing prior to designation of any landmark or designation or recommendation of designation of a historic district to determine whether the designation satisfies the criteria of § 65-3. The BARHP, owners and any other 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 or historic district.
I. 
Work moratorium. Once the BARHP has issued notice of a proposed designation or proposed recommendation of designation, no building permit with respect to such property shall be issued by the Building Inspector, and no activity described in § 65-4 shall be conducted upon the property or properties affected until the BARHP and/or the Village Board of Trustees has made its decision or designation.
J. 
BARHP record.
(1) 
The BARHP and the Village Board of Trustees shall compile a public record in support of its determination or recommendation as to the designation of a resource, landmark or historic district. In addition to testimony or documentary evidence received at any public hearing, the record may also contain staff reports, public comments, expert testimony, or other evidence offered outside of the hearing, but submitted for the BARHP's consideration by the date of the hearing, or by such other date as the BARHP may select.
(2) 
At a minimum, the record of the designation shall contain any papers compiled by the BARHP in advance of the hearing, including, but not limited to, any applications for a building permit and/or BARHP and/or staff reports, any comments made at the public hearing, and the BARHP's decision to approve, approve with modifications, or deny the designation.
K. 
Board decision. Within 62 days after the close of the public hearing, the BARHP shall by resolution undertake a designation or recommendation of a designation in whole or in part, or shall decline to make such recommendation or designation in entirety, setting forth in writing the reasons for any designation or recommendation of designation. Within seven days, the BARHP shall send notice of any landmark designation to the owners of a designated property by certified mail, return receipt requested, or in the case of a recommendation to designate, expand or modify a historic district, the BARHP shall send notice to the Board of Trustees.
L. 
The Board shall record notice of each property designated as a landmark and of the boundaries of each designated historic district with the office of the Suffolk County Clerk.
M. 
Upon a recommendation for a historic district from the BARHP, the Village Board of Trustees shall, within 60 days, notice a public hearing to consider the designation, modification or expansion of a historic district. The Board of Trustees shall conduct the hearing and make their determination in accordance with the criteria and requirements set forth in § 65-3B, E, F, G, H, and I.
N. 
Board decision. Within 62 days after the close of the public hearing, the Board of Trustees shall by resolution undertake a designation of a historic district in whole or in part, or shall decline to make such designation in entirety, setting forth in writing the reasons for its determination. Within seven days, the Board of Trustees shall send notice of any historic district designation to the owners of a designated property by certified mail, return receipt requested.
A. 
No person shall carry out any exterior alteration, restoration, construction, reconstruction, demolition or moving of an interior landmark, nor shall any person shall carry out any exterior alteration, restoration, construction, reconstruction, demolition or moving of a structure, land, trees or plantings upon property designated a landmark or property within an historic district, nor shall any person make any material change in the appearance of such a property shall affect the appearance and cohesiveness of the historic district, without first obtaining a certificate of appropriateness from the Board of Architectural Review and Historic Preservation.
B. 
All changes to Southampton Village-owned property affecting an individual landmark or within an historic district shall be subject to the provisions of this chapter.
C. 
The building department shall receive and file all applications for any individual landmark, or landmarks or historic district to which this chapter applies. The building department shall transmit a copy of any such application to the BARHP.
D. 
The BARHP may require that the application for certificate of appropriateness be supplemented by such additional information or materials as may be necessary for a complete review by the BARHP. The BARHP may impose such reasonable conditions or restrictions as it deems necessary or appropriate on a case-by-case basis to promote or achieve the purpose of this chapter.
A. 
Certificate of appropriateness; general criteria. If the proposed work relates to an individual landmark, the BARHP shall approve the issuance of a certificate of appropriateness only if it determines that the proposed work will not have a substantial adverse effect on the aesthetic, historical, or architectural significance and value of the individual landmark. If the proposed work is within an historic district, then the BARHP shall approve the issuance of a certificate of appropriateness only if it determines that the proposed work will not have a substantial adverse effect on the aesthetic, historical, or architectural significance of the property itself, the district or neighboring properties in such district.
B. 
In making this determination, the BARHP's decision to approve, approve with modification(s) or deny an application for a certificate of appropriateness for a landmark, whether it be an individual landmark, interior landmark, or scenic landmark and property located within an historic district will be guided by the Secretary of the Interior's Standards for Rehabilitation and the principles in Subsection C below, with the BARHP also considering the criteria in Subsection B(1) below as to properties in an historic district:
(1) 
The Board's decision to approve, approve with modification(s) or deny an application for a certificate of appropriateness for an improvement to property located within an historic district shall be further based on the following principles:
(a) 
Properties which contribute to the character of the historic district shall be retained, with their historic features altered as little as possible;
(b) 
Any alteration of existing properties shall be compatible with the surrounding historic district; and
(c) 
New construction shall be compatible with the historic district in which it is located;
C. 
In applying the principle of compatibility set forth in Subsection B of this Section, the Board shall consider the following factors:
(1) 
The general design and character of the proposed exterior alteration or new construction relative to existing features of the property or improvement;
(2) 
The scale and visual compatibility of the proposed exterior alteration or new construction in relation to the property itself, surrounding properties, and the neighborhood;
(3) 
Texture, color, and materials, and their relation to similar features of the property and other properties in the neighborhood;
(4) 
Visual compatibility with surrounding properties, including proportion of the property's facade, proportion and arrangement of windows and other openings within the facade, roof shape, and the rhythm of spacing of properties on streets, including setback; and
(5) 
The importance of historic physical and visual features to the significance of the property.
D. 
In approving an application for a certificate of appropriateness, the BARHP shall find that the building or structure for which the permit was requested, if erected or altered in accordance with the submitted plan or with stated modifications, would be consistent with the spirit and intent of this chapter, would not be visually offensive or inappropriate by reason of poor quality of exterior design, monotonous similarity or visual discord in relation to the sites or surroundings, would not mar the appearance of the area, would not impair the use, enjoyment and desirability or reduce the values of properties in the area, would not be detrimental to the character of the neighborhood, would not prevent an appropriate development and utilization of the site or of adjacent lands and would not adversely affect the functioning, economic stability, prosperity, health, safety and general welfare of the community.
E. 
Where the BARHP grants a certificate of appropriateness under circumstances where the permitted activity is likely to uncover or affect archaeological resources, the BARHP shall require reasonable efforts to protect and preserve such resources. Where such protection and preservation is not feasible, the BARHP shall nonetheless impose appropriate and reasonable conditions to insure that the archaeological resource is made accessible for a reasonable period to qualified persons.
[Amended 12-11-2025 by L.L. No. 16-2025]
A. 
Prior to the commencement of any activity described in § 65-4 requiring a certificate of appropriateness, the owner or the owner's authorized agent shall file an application for a building permit with the Southampton Village Building Official and an application for such certificate with the BARHP of Architectural Review and Historic Preservation. The application shall contain:
(1) 
The name, address and telephone number of the applicant.
(2) 
The location, Tax Map designation and photographs of the property clearly indicating all public views.
(3) 
Elevation drawings, including relationship to adjacent properties.
(4) 
Perspective drawings, including relationship to adjacent properties.
(5) 
Samples of building materials to be used, including their proposed color.
(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.
(7) 
Any other information which the BARHP may deem necessary in order to determine the appropriateness of the proposed changes.
B. 
Upon receipt of all the information required herein, and any additional material requested by the BARHP, the BARHP shall deem the application complete and shall place the application on the agenda of the next meeting of the BARHP subject to any scheduling procedures that have been put in place by resolution of the BARHP establishing a maximum number of matters to be heard at any one meeting. No building permit shall be issued for such proposed work until a certificate of appropriateness has first been issued by the Board of Architectural Review and Historic Preservation. The certificate of appropriateness required by this chapter shall be in addition to and not in lieu of any building permit, site plan approval, variance or other regulatory approval that may be required by any other ordinance, law, code, rule or regulation.
C. 
The BARHP shall schedule a public hearing to commence no later than 50 days after receipt of an application deemed complete by the BARHP. During the course of the hearing, should the BARHP determine that additional information is required, the BARHP may continue the hearing to another date as it deems necessary. Upon the public hearing being concluded, the BARHP shall approve the application for a certificate of appropriateness, deny the request, approve the issuance of the certificate with modifications or conditions or request additional information within 62 days. In the event, however, that the BARHP shall make a finding of fact that the circumstances of a particular application require further time for additional study beyond the aforesaid sixty-two-day period after close of the public hearing, then the BARHP shall have an additional period of up to 62 days. Circumstances resulting in a further continuance can include, but are not limited to, whether any additional information sought by the BARHP has been provided in a time frame that the BARHP deems reasonable in order for a decision to be made within 62 days from the conclusion of the public hearing from the date of any such finding within which to act upon such an applications. The BARHP may, at its option, waive a public hearing on an application if the BARHP determines that the issues raised by the application do not necessitate a public hearing to assess the application and when the BARHP determines that the general public will not have an interest in the application.
D. 
The Board shall provide for the giving of notice as follows:
(1) 
With respect to every application for a certificate of appropriateness (except a sign application), the applicant shall erect a white-with-black-lettering sign or signs measuring not less than 22 inches long and 14 inches wide, which shall be prominently displayed on the premises facing each street on which the property abuts, giving notice that an application is pending and the date, time and place where the initial meeting will be held. The sign shall not be set back more than 10 feet from the street line and shall not be less than two nor more than six feet above the grade at the street line. The sign shall be made of durable material and shall be furnished by the BARHP. It shall be displayed for a period of not less than 10 days immediately preceding the initial meeting date. No additional posting shall be required for any adjournment date or public hearing date. The applicant shall file an affidavit of compliance with the provisions of this section.
(2) 
With respect to applications which involve a public hearing, the Board shall cause a public notice of such hearing to be published once in the official newspaper at least 10 days' prior to the hearing date, and applicants in the R-120 and R-80 Zoning Districts shall cause a copy of such notice to be mailed to all property owners within 500 feet of the subject premises, as shown on the latest completed tax roll, measured along all property lines, and to all other property owners located within 500 feet of the boundaries of the premises, and applicants in all other zoning districts shall cause a copy of such notice to be mailed to all property owners within 200 feet of the subject premises, as shown on the latest completed tax roll, measured along the frontage on both sides of the street, and to all other property owners located within 200 feet of the boundaries of the premises by certified mail, return receipt requested, at least 10 days' prior to the hearing date. The applicant shall submit proof of such mailing in the form of affidavits accompanied by certified mail receipts. If, at that time of a scheduled hearing it is determined that either the notice by publication or the notice by mailing has not been completed, the matter may be adjourned to a date certain and only that portion of service that was not done shall be further required.
E. 
All decisions of the Board shall be in writing. A copy shall be sent to the applicant by registered mail and a copy filed with the Village Clerk's office for public inspection. The BARHP's decision shall state the reasons for approving, denying or modifying any application.
F. 
The application fee for a certificate of appropriateness application shall be set at such amount as the Village Board of Trustees may fix and establish from time to time by resolution.
G. 
A certificate of appropriateness issued pursuant to this section shall be valid for a period of three years from the date of filing with the Village Clerk, unless an extension is granted as set forth below or another of the following exceptions or expiration events applies:
(1) 
The Board of Architectural Review and Historic Preservation may issue up to two 18-month extension periods following the original approval expiration by approving an updated certificate of appropriateness; or
(2) 
Where a certificate of occupancy has been duly issued for the proposed work by the Building Inspector; or
(3) 
While a valid and unexpired building permit is issued and maintained for the proposed work.
(4) 
A certificate of appropriateness shall expire immediately following:
(a) 
A change in relevant code or law which renders such plans non-compliant or inconsistent with the Zoning Ordinance of the Village of Southampton,[1] or New York State Building Code; or
[1]
Editor's Note: See Ch. 116, Zoning.
(b) 
A local landmark, historic district designation, or change in contributing status is issued for the subject property pursuant to § 65-3; or
(c) 
Subdivision, lot line amendment, or other modification to the subject property lot;
(d) 
Substantive change in the existing conditions as depicted on the approved plans; or
(e) 
Written revocation of the approval by the Board of Architectural Review and Historic Preservation due to false statement or misrepresentation as to a material fact in the application, plans or documents on which the approval was based, or approved in error that should not have been approved in accordance with the applicable procedures.
Requirements for the demolition, removal or relocation of an individual landmark, resource, or of a structure located in and contributing to the significance of an historic district; and requirements to establish an alteration hardship.
A. 
Certificate of appropriateness for demolition, removal or relocation. An applicant seeking a certificate of appropriateness for a proposed demolition, removal or relocation of a landmark, resource or property may apply for relief on the ground of economic hardship. In order to prove the existence of economic hardship sufficient to justify demolition, removal, or relocation, the applicant shall establish that the denial of a certificate of appropriateness will prevent the property owner from earning a reasonable return on investment, regardless of whether that return represents the most profitable return possible.
(1) 
Certificate of appropriateness for demolition. The applicant for a certificate of appropriateness for demolition must establish to the Board's satisfaction, an imminent plan of reuse or redevelopment of the affected property. The applicant for an income-producing property shall establish that:
(a) 
The property is incapable of earning a reasonable return, regardless of whether that return represents the most profitable return possible;
(b) 
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; and,
(c) 
Efforts to find a purchaser interested in acquiring the property and preserving it have failed.
(d) 
In deciding upon such application for removal, relocation or demolition, the BARHP may consider whether the owner has created his own hardship through waste and neglect, thereby permitting the property to fall into a serious state of disrepair.
(2) 
In submitting a request for a certificate of appropriateness for the demolition of an historic building, an applicant must submit the following:
(a) 
Current level of economic return;
(b) 
Amount paid for the property, date of purchase, party from whom purchased, and relationship between the owner of record, the applicant, and person from whom property was purchased;
(c) 
Annual gross and net income from the property for the previous three years; itemized operating and maintenance expenses for the previous three years, and depreciation deduction and annual cash flow before and after debt service, if any, during the same period;
(d) 
Remaining balance on the mortgage or other financing secured by the property and annual debt service, if any, during the prior three years;
(e) 
Real estate taxes for the previous four years and assessed value of the property according to the two most recent assessed valuations;
(f) 
All appraisals obtained within the last two years by the owner or applicant in connection with the purchase, financing, or ownership of the property;
(g) 
Form of ownership or operation of the property, whether sole proprietorship, for-profit or not-for-profit corporation, limited partnership, joint venture, or other;
(h) 
Any state or federal income tax returns relating to the property for the last two years;
(i) 
Any listing of property for sale or rent, price asked, and offers received, if any, within the previous two years, including testimony and relevant documents regarding:
[1] 
Any real estate broker or firm engaged to sell or lease the property;
[2] 
Reasonableness of price or rent sought by the applicant; or
[3] 
Any advertisements placed for the sale or rent of the property;
(j) 
Feasibility of alternative uses for the property that could earn a reasonable economic return;
(k) 
Report from a licensed engineer or architect with experience in rehabilitation as to the structural soundness of any buildings on the property and their suitability for rehabilitation;
(l) 
Cost estimates for the proposed construction, alteration, demolition, or removal, and an estimate of any additional cost that would be incurred to comply with the requirements for a certificate of appropriateness;
(m) 
Estimated market value of the property:
[1] 
In its current condition;
[2] 
After completion of the proposed alteration or demolition; and
[3] 
After renovation of the existing property for continued use;
(n) 
Expert testimony or opinion on the feasibility of rehabilitation or reuse of the existing structure by an architect, developer, real estate consultant, appraiser, and/or other real estate professional experienced in historic properties and rehabilitation;
(o) 
Any evidence of self-created hardship through deliberate neglect or inadequate maintenance of the property; and
(p) 
Economic incentives and/or funding available to the applicant through federal, state, city, or private programs.
B. 
Demolition of any such contributing resource may be approved only in connection with approval of a replacement project.
(1) 
Before approving the removal, relocation or demolition of an individual landmark or structure within an historic district, the BARHP may suspend the application for up to 180 days to allow the applicant to consult in good faith with the BARHP, local preservation groups, and the public in a diligent effort to seek a less intrusive alternative to demolition. During this period, the BARHP may investigate relocation of an involved building (on site) or modification of the building for future uses in a way which preserves the architectural and historical integrity of the building.
(2) 
The demolition of any such contributing resource may be approved only in connection with approval of a replacement project.
C. 
Alteration hardship. An applicant whose certificate of appropriateness for a proposed alteration of a landmark property has been denied may apply for relief on the ground of economic hardship. In order to prove the existence of economic hardship related to a proposed alteration, the applicant shall establish that the denial of a certificate of appropriateness will prevent the property owner from earning a reasonable return on investment, regardless of whether that return represents the most profitable return possible.
D. 
As promptly as is practicable after making a preliminary determination of hardship as provided in this chapter, the BARHP, with the aid of such experts as it deems necessary, shall, in consultation with the applicant, endeavor to develop a plan whereby the improvement may be preserved and perpetuated in such manner as to effectuate the purpose of this chapter, and also rendered capable of earning a reasonable return.
E. 
Consultation; plan development. The applicant shall consult in good faith with the BARHP, local preservation groups, and other interested parties in a diligent effort to seek an alternative that will result in appropriate preservation of the property. The consulting parties may include interested purchasers, as well as preservation and other interested organizations, public agencies, developers, real estate agents and individuals who may be instrumental in developing an economically feasible solution.
F. 
Economic hardship; criteria. Following the denial of a certificate of appropriateness, the applicant may request a certificate of economic hardship. In all cases other than a proposed demolition, removal or relocation, the applicant shall prove the existence of economic hardship by demonstrating to the BARHP that:
(1) 
The applicant cannot realize a reasonable return if compliance with the BARHP's decision is required; provided, however, that the lack of reasonable return is proven by the applicant to be substantial as demonstrated by competent financial evidence;
(2) 
That the alleged hardship relating to the property in question is unique, and does not apply to a substantial portion of the district or neighborhood;
(3) 
That the requested relief, if granted, will not alter the essential character of the neighborhood; and
(4) 
That the alleged hardship has not been self-created.
G. 
The BARHP, in the granting of a certificate of economic hardship, shall grant the minimum terms deemed necessary and adequate to address the unnecessary hardship proven by the applicant, and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community.
H. 
Public hearing.
(1) 
The BARHP may hold a public hearing on the hardship application at which an opportunity will be provided for the applicant and public to present their views on the hardship application.
(2) 
If no public hearing is held, the BARHP must render a decision on the hardship application within 62 days following its receipt of a complete application.
(a) 
A complete application includes the conclusion of all activities under Subsection C initiated to consult with necessary parties to determine whether the property may be preserved or rehabilitated in a manner that alleviates the hardship that would otherwise result while substantially accomplishing the goals of this chapter.
(b) 
A complete application also includes receipt by the BARHP of all submissions necessary to meet the applicant's burden of proof.
(3) 
Following the submission of a complete application, the BARHP may schedule a public hearing within a reasonable time and determine within 62 days following the close of any public hearing held on the application whether the applicant has met his or her burden of proof.
I. 
BARHP decision.
(1) 
If the BARHP finds that the applicant's burden of proof has not been met, the BARHP shall deny the application for a certificate of economic hardship.
(2) 
If the BARHP finds that the applicant's burden of proof has been met, the BARHP shall issue a preliminary determination of landmarks or economic hardship within 62 days of the close of any public hearing held on the application or within 62 days after the BARHP has received a complete application.
(3) 
Within 62 calendar days following the BARHP's preliminary determination of economic hardship, the BARHP must make a final determination.
(4) 
A decision of the BARHP on the hardship application shall be in writing and shall state the reasons for granting or denying it. A copy shall be sent to the applicant by certified mail/return, receipt requested, or courier service with proof of delivery or personal service with proof of delivery and a copy filed with the Village clerk's office for public inspection.
J. 
No building permit or other land use approvals shall be issued unless the BARHP grants the hardship application. If the hardship application is granted, the BARHP shall approve only such work as is necessary to alleviate the hardship.
A. 
All work performed pursuant to a certificate of appropriateness issued under this chapter shall conform to the requirements expressly stated in the certificate or reasonably implied therefrom. It shall be the duty of the Building Inspector to periodically inspect any such work to assure compliance with the certificate and all applicable law. In the event any requirement included in the certificate of appropriateness has not been met, or upon notification of that fact by the BARHP, the Building Inspector 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.
B. 
Any owner, tenant, occupant, or person in charge of a property who demolishes, alters, constructs, or permits a designated property to fall into a serious state of disrepair in violation of this chapter in violation of the terms of a certificate of appropriateness, in the absence of a certificate of appropriateness, or in the absence of a finding of economic hardship, or other approval by the BARHP, shall be required to restore the property and its site to its appearance prior to the violation. Further, the owner, tenant, occupant or person in charge of any property on which such demolition, alteration, or construction has occurred, or upon which the designated property has fallen into a serious state of disrepair in violation of this chapter in the absence of a certificate of appropriateness, a finding of economic hardship, or other approval by the BARHP, shall be deemed to have full knowledge thereof and to have consented to, performed, permitted, made, aided, countenanced, encouraged, assisted or established, erected, demolished, altered or maintained the same. Nothing herein contained shall be construed as to impose exclusive liability upon any such owner, tenant, occupant or person in control, each of whom shall be jointly and severally liable. Any action to enforce this subsection shall be in addition to and not in lieu of criminal penalties and other available remedies.
C. 
If, in the judgment of the BARHP, a violation of this chapter exists that will result in a detrimental effect upon the life and character of a designated historic resource, landmark, property or on the character of an historic district as a whole, the BARHP shall notify the Building Inspector. If, upon investigation, the Building Inspector finds work that is not being performed in accordance with the certificate of appropriateness, or upon notification of such fact by the Board of Architectural Review and Historic Preservation and personal verification, the Building Inspector shall order such remedies as are necessary and consistent with this chapter and immediately issue a stop-work order, which shall remain in effect until work is in compliance. No work shall be undertaken on the property as long as a stop-work order is in effect.
D. 
The Board may notify the Village Board of Trustees of an enforcement matter arising under this chapter and may refer it to the Village Attorney for such further action as the Board of Trustees or the Village Attorney deems appropriate.
A. 
Ordinary maintenance; repair.
(1) 
Nothing in this chapter shall be construed to prevent the ordinary maintenance and repair of any exterior architectural feature of an historic landmark or property within an historic district that does not involve a change in design, building materials, color or outward appearance.
(2) 
Upon request of the owner or the owner's designated agent, the BARHP may evaluate and decide, without public hearing, whether or not proposed work constitutes ordinary maintenance and repair or requires a certificate of appropriateness.
B. 
No owner or person with an interest in real property designated as an individual landmark or included with an historic district shall permit the property to fall into a serious state of disrepair. Maintenance shall be required, consistent with the Property Maintenance Code of New York State Uniform Fire Prevention and Building Code and all other applicable local regulations.
C. 
Every owner or person in charge of an improvement on a landmark site or in an historic district shall keep in good repair:
(1) 
All of the exterior portions of such improvements; and
(2) 
All interior portions thereof which, if not so maintained, may cause or tend to cause the exterior portions of such improvement to deteriorate, decay or become damaged or otherwise to fall into a serious state of disrepair. Examples of types of prohibited disrepair include, but are not limited to:
(a) 
Deteriorated or crumbling exterior plasters, mortar or facades;
(b) 
Deteriorated or inadequate foundation;
(c) 
Defective or deteriorated flooring or floor supports or any structural floor members of insufficient size to carry imposed loads with safety;
(d) 
Deteriorated walls or other vertical structural supports that split, lean, list or buckle due to defective material or deterioration;
(e) 
Members of ceilings, roofs, ceiling and roof supports or other horizontal members which sag, split or buckle due to defective material or deterioration or are of insufficient size to carry imposed loads;
(f) 
Ineffective or inadequate waterproofing of exterior walls, exterior chimneys, roofs, foundations or floors, including windows or doors, which may cause or tend to cause deterioration, decay or damage;
(g) 
Defective or insufficient weather protection for roofs, foundation or exterior wall covering, including lack of paint or weathering due to lack of paint or other protective covering, which may cause or tend to cause deterioration, decay or damage;
(h) 
Fireplaces or chimneys which list, bulge or settle due to defective material or deterioration or are of insufficient size or strength to carry imposed loads with safety;
(i) 
Any fault or defect in the building or structure which renders it not properly watertight or otherwise compromises the life and character of the building or structure.
D. 
Interiors. Every owner or person in charge of an improvement to an interior landmark shall keep in good repair;
(1) 
All portions of such interior landmark; and
(2) 
All other portions of the improvement which, if not so maintained, may cause or tend to cause the interior landmark contained in such improvement to deteriorate, decay, or become damaged or otherwise to fall into a serious state of disrepair.
E. 
Every owner or person in charge of a scenic landmark shall keep in good repair all portions thereof.
A. 
Penalties. Any person committing an offense against any provision of this chapter shall, upon conviction thereof, be guilty of a violation pursuant to the Penal Law of the State of New York, punishable by a fine not exceeding the amount hereinafter set forth or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment.
(1) 
First offense. A first conviction for violation of this chapter shall result in a minimum fine of $1,000 and a maximum fine of $5,000;
(2) 
Second offense. A second conviction for violation of this chapter, if the occurrence that leads to conviction began within a period of five years from the date of first conviction, shall result in a fine not less than $5,000 nor more than $10,000;
(3) 
Third offense. A conviction for a third or subsequent offense, all of which were committed within a period of five years from when the occurrence leading to the first conviction began, shall include a fine of not less than $10,000 nor more than $15,000.
B. 
Where a violation of this chapter has been committed or shall exist, the owner and the agent or contractor of the building, structure or lot where such violation has been committed or shall exist, the lessee or tenant of the part of or of the entire building, structure or lot where such violation has been committed or shall exist, and the agent, architect, contractor or any other person who takes part or assists in such violation or who maintains any building, structure or lot in which any such violation shall exist, shall be jointly and severally liable for any penalties, whether civil and criminal, and for any requirements to redress said violations. Further, the owner and the agent or contractor of the building, structure or lot where such violation has been committed or shall exist, the lessee or tenant of the part of or of the entire building, structure or lot where such violation has been committed or shall exist, and the agent, architect, contractor or any other person who maintains any building, structure or lot in which any such violation shall exist, shall be deemed to have full knowledge thereof and to have consented to, performed, permitted, made, aided, countenanced, encouraged, assisted or established, erected, placed, altered or maintained the same.
C. 
Where a contributing historic building has been partially or totally demolished or significantly altered in violation of this chapter, each and every person responsible for, causing, permitting, assisting in or taking part in such violation shall be subject to a civil penalty in a sum up to the amount equivalent to the estimated cost of restoring and replicating such building in a manner which restores and replicates its exterior character and appearance to the maximum extent practicable. Such civil penalty shall be in addition to and not in lieu of criminal penalties and other available remedies. The owner and the agent or contractor of the building, structure or lot where such violation has been committed or shall exist, the lessee or tenant of the part of or of the entire building, structure or lot where such violation has been committed or shall exist, and the agent, architect, contractor or any other person who maintains any building, structure or lot in which any such violation shall exist, shall be deemed to have full knowledge thereof and to have consented to, performed, permitted, made, aided, countenanced, encouraged, assisted or established, erected, placed, altered or maintained the same.
The remedy for any person aggrieved by a decision of the Board of Architectural Review and Historic Preservation granting or denying a certificate of appropriateness or granting or denying a hardship application shall be an Article 78 proceeding.