Village of Southampton, NY
Suffolk County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Southampton 11-25-1986 by L.L. No. 6-1986. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 43.
Moving of buildings — See Ch. 45.
Zoning — See Ch. 116.
Building construction regulations — See Ch. A119.
The protection, enhancement and perpetuation of landmarks and historic districts are necessary to promote the economic, cultural, educational and general welfare of the public. As Southampton has many significant historic, architectural and cultural resources which constitute its heritage, this chapter is intended to:
A. 
Protect and enhance landmarks and historic districts;
B. 
Ensure harmonious, orderly and efficient growth and development;
C. 
Foster civic pride in the accomplishments of the past; and
D. 
Protect and enhance the Village's attractiveness to residents and to visitors.
[Amended 6-20-1989 by L.L. No. 8-1989]
A. 
The Board of Architectural Review and Historic Preservation shall administer the provisions of this chapter.
B. 
The powers of the Board 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 historic districts.
(5) 
Acceptance on behalf of the Village government of the donation of facade easements and development rights; the making of recommendations to the Village government 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 Village government 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 Village government where their preservation is essential to the purpose of this chapter and where private preservation is not feasible.
A. 
[Amended 6-20-1989 by L.L. No. 8-1989] The Board may designate an individual property as a landmark if it:
(1) 
Possesses special character or historic or aesthetic interest or value as part of the cultural, political, economic or social history of the locality, region, state or nation;
(2) 
Is identified with historic personages;
(3) 
Embodies the distinguishing characteristics of an architectural style;
(4) 
Is the work of a designer whose work has significantly influenced an age; or
(5) 
Because of a unique location or singular physical characteristic, represents an established and familiar visual feature of the neighborhood.
B. 
[Amended 6-20-1989 by L.L. No. 8-1989] The Board may designate a group of properties as a historic district if:
(1) 
It contains properties which meet one or more of the criteria for designation of a landmark; and
(2) 
The designation of a historic district rather than individual landmark will effectively accomplish the purposes of this chapter.
C. 
Each landmark and the boundaries of each historic district designated shall be filed, in writing, in the Village Clerk's office for public inspection.
D. 
Notice of a proposed designation of a landmark or of a historic district involving no more than 10 properties shall be sent by registered mail to the owners of the properties proposed for designation, describing the properties proposed and announcing a public hearing by the Board to consider the designation. Where the proposed designation of a historic district includes more than 10 properties and involves individual notice which the Board deems infeasible, in lieu of notice by registered mail, notice may be published in a newspaper of general circulation in the Village at least 10 days prior to the date of the public hearing. Once the Board has issued notice of a proposed 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 until the Board has made its decision.
[Amended 6-20-1989 by L.L. No. 8-1989]
E. 
The Board shall hold a public hearing prior to designation of any landmark or historic district to determine whether the designation satisfies the criteria of § 65-3. The Board, 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. The record may also contain staff reports, public comments or other evidence offered outside of the hearing.
[Amended 6-20-1989 by L.L. No. 8-1989]
F. 
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.
[Amended 6-20-1989 by L.L. No. 8-1989]
[Amended 6-20-1989 by L.L. No. 8-1989]
No 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 a historic district, nor shall any person make any material change in the appearance of such a property, to the extent that it is visible from a public street, other rights-of-way or park and which 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.
[Amended 5-24-1988 by L.L. No. 4-1988; 6-20-1989 by L.L. No. 8-1989]
A. 
In determining whether to approve or disapprove an application for a certificate of appropriateness, the Board of Architectural Review and Historic Preservation shall not consider changes to interior spaces or other changes that are not visible from a public street, right-of-way or park unless they are open to the public.
B. 
The Board's decision to approve or to disapprove shall be based upon the following principles:
(1) 
Features or properties which make significant contribution to the character of a landmark or a historic district shall be altered as little as possible;
(2) 
Any alteration of an existing feature or property shall be compatible with its historic character, as well as with the character of nearby properties; and
(3) 
New construction shall be compatible with the character of nearby properties in the historic district.
C. 
In applying the principle of compatibility, the Board shall consider the following factors:
(1) 
The general design, character and appropriateness to the property of the proposed alteration or new construction.
(2) 
The scale of proposed alteration or new construction in relation to the property itself, surrounding properties and the neighborhood.
(3) 
Texture, materials and color and their relation to similar features of other properties in the neighborhood.
(4) 
Visual compatibility with surrounding properties, including proportion of the property's front facade, proportion and arrangement of windows and other openings within the facade, roof shape and the spacing of properties on streets, including setback.
(5) 
The importance of features or property to be changed to the historic, architectural, cultural or other significance of such feature or property.
(6) 
The Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings.
[Added 9-12-1997 by L.L. No. 3-1997]
A. 
Prior to the commencement of any activity described in § 65-4 requiring a certificate of appropriateness, the owner shall file an application for such a certificate with the Board of Architectural Review and Historic Preservation. The application shall contain:
[Amended 6-20-1989 by L.L. No. 8-1989]
(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, if available.
(4) 
Perspective drawings, including relationship to adjacent properties, if available.
(5) 
Sample of color or 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.
(7) 
Any other information which the Board may deem necessary in order to determine the appropriateness of the proposed changes.
B. 
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 that may be required by any other ordinance.
[Amended 6-20-1989 by L.L. No. 8-1989]
C. 
The Board shall approve, deny or approve the permit with modification within 60 days from receipt of completed application. The Board may, at its option, hold a public hearing on the application to obtain information from the applicant and the general public to aid in making its determination. The Board shall make its decision as to whether or not to hold a public hearing within 30 days of its receipt of a completed application. The public hearing shall take place no later than 50 days after receipt of a completed application.[1]
[Amended 6-20-1989 by L.L. No. 8-1989; 12-12-2002 by L.L. No. 7-2002]
[1]
Editor's Note: Former Subsection C, regarding review of an application for a certificate of appropriateness by one member of the Board, added 5-24-1988 by L.L. No. 4-1988 and subsequently amended, was repealed 3-9-2001 by L.L. No. 3-2001. This local law also redesignated former Subsections E through G as D through F, respectively.
D. 
The Board shall provide for the giving of notice as follows:
[Amended 12-12-2002 by L.L. No. 7-2002]
(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 Board. 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 that he has complied 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 the applicant 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 ordinary mail at least 10 days prior to the hearing date. The applicant shall submit proof of such mailing.
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 Board's decision shall state the reasons for denying or modifying any application.
[Amended 6-20-1989 by L.L. No. 8-1989]
F. 
The application fee for a certificate of appropriateness application shall be $185 or such other amount as the Village Board of Trustees may hereafter fix and establish from time to time by resolution.
[Added 1-9-1998 by L.L. No. 1-1998; amended 10-24-2000]
An applicant whose certificate of appropriateness has been denied may apply for relief from landmark designation on the grounds that designation presents a hardship. To prove the existence of hardship, the applicant shall establish that, in the absence of the issuance of such certificate of appropriateness:
A. 
The property is incapable of earning a reasonable return. Reasonable return shall not be the most profitable return possible; and
B. 
The property cannot be adapted for a use which would result in such reasonable return.
[Amended 6-20-1989 by L.L. No. 8-1989]
A. 
An applicant may apply to the Board for relief on the basis of hardship upon receipt of written notification from the Board of the denial of a certificate of appropriateness. No relief from landmark designation shall be granted unless the Board makes a finding that a hardship exists.
B. 
Within 40 days of receipt of an application for relief, notice of such public hearing shall be published in a newspaper of general circulation in the Village at least 10 days prior to the date of the public hearing. The Board shall hold a public hearing on the hardship application within 60 days.
C. 
Prior to such hearing, the applicant shall consult in good faith with the Board and other interested parties to seek an alternative that will result in preservation of the property.
D. 
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 Board's decision shall state the reasons for granting or denying the hardship application.
[Amended 6-20-1989 by L.L. No. 8-1989]
All work performed pursuant to a certificate of appropriateness issued under this chapter shall conform to any requirements included therein. It shall be the duty of the Village Building Inspector to inspect periodically any such work to assure compliance. In the event that he 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 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.
A. 
Nothing in this chapter shall be construed to prevent the ordinary maintenance and repair of any feature of a landmark or property within a historic district which does not involve a change in design, material, color or outward appearance.
B. 
No owner or person with an interest in real property designated as a landmark or included within a historic district shall permit the property to fall into a state of disrepair so as to cause, in the judgment of the Board of Architectural Review and Historic Preservation a detrimental effect upon the character of the landmark or historic district.
[Amended 6-20-1989 by L.L. No. 8-1989]
[Amended 1-25-2011 by L.L. No. 1-2011]
A. 
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 guilty of a violation of this chapter.
B. 
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. In the case of an offense involving partial or total demolition or significant alteration of a contributing historic building, such fine shall be an amount not exceeding $5,000; in the case of any other offense, such fine shall be an amount not exceeding $1,000. The continuation of an offense against the provisions of this chapter shall constitute, for each day the offense is continued, a separate and distinct offense hereunder.
C. 
Any person who demolishes, alters, constructs or permits a designated property to fall into a serious state of disrepair in violation of this chapter shall be required to restore the property and its site to its appearance prior to the violation. Any action to enforce this subsection shall be in addition to and not in lieu of criminal penalties and other available remedies.
D. 
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.
[Amended 6-20-1989 by L.L. No. 8-1989; 3-9-2001 by L.L. No. 3-2001]
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.