[HISTORY: Adopted by the Board of Trustees
of the Village of Great Neck 7-20-1976 by L.L. No. 2-1976 (Ch. 121 of the 1976 Code). Amendments
noted where applicable.]
A.
The Board of Trustees of the Village of Great Neck
hereby finds that:
(1)
There exist in the Village of Great Neck places, sites,
structures and buildings of special historic significance or, which,
by reason of famous events, their antiquity or uniqueness of architectural
construction and design, are of particular significance to the heritage
of our Village, town, county, state and country.
(2)
The conservation, protection and preservation of such
places, sites, structures and buildings is a public necessity in harmony
with the Comprehensive Village Plan and will promote the public health,
safety and general welfare.
B.
Now, therefore, the Board of Trustees hereby declares
that the purpose of this chapter is to accomplish the conservation,
protection and preservation of such places, sites, structures and
buildings.
As used in this chapter, the following terms
shall have the meanings indicated:
Any act or process which changes one or more of the exterior
architectural features of a structure designated as a landmark or
any structure or building in a historic district.
A structure wholly or partially enclosed within exterior
walls, or within exterior or party walls and a roof, affording shelter
to persons, animals or property.
The architectural style, design, general arrangement and
components of all of the outer surfaces of any building or structure,
including but not limited to the kind, color and texture of the building
material and the type and style of all windows, doors, lights, signs
and other fixtures appurtenant to said building or structure.
Any area which contains places, sites, structures or buildings
which have a special character and ambiance or historical value or
aesthetic interest and which represent one or more periods or styles
of architecture of an era of history and which cause such area to
constitute a distinct section of the Village.
Any place, structure or building of historical value or aesthetic
interest by reason of its antiquity or uniqueness of architectural
design or as part of the development, heritage or cultural characteristics
of the Village, town, county, state or country.
A map to be prepared and maintained by the Building Inspector,
identifying the location of all landmarks, landmark sites and historic
districts.
A parcel or part thereof on which is situated a landmark,
and any abutting parcel or part thereof constituting part of the premises
on which the landmark is situated.
Any assembly of materials forming a construction framed of
component structural parts for occupancy or use, including buildings.
Style recognized by one of the following organizations:
The National Register of Historic Places.
The Historic American Buildings Survey.
The Historic American Engineering Record, U.S.
Department of the Interior, National Park Service.
The Division for Historic Preservation, New
York State Office of Parks and Recreation.
The Nassau County Museum.
The National Trust for Historic Preservation.
The Society of Architectural Historians.
A.
Creation; composition; membership.
(1)
There is hereby created a Landmarks Preservation Commission
which shall consist of five members who shall be appointed by the
Village Board.
(2)
The Board shall attempt to include among the membership
one member of the American Institute of Architects, one member of
the New York State Bar and three residents of the Village of Great
Neck.
(3)
Members are to be appointed for terms of three years,
provided that of those members first taking office one shall be appointed
for one year, two for two years and two for three years. Members may
serve for more than one term each, and each member shall serve until
the appointment of a successor.
(4)
In the event of a vacancy occurring during the term
of a member of the Landmarks Preservation Commission, the Board of
Trustees shall make an appointment to complete the unexpired term
of such member.
(5)
The members of the Commission shall serve without
compensation, but shall be reimbursed for expenses necessarily incurred
in the performance of their duties in consequence of the Board of
Trustees' appropriation for such purposes.
B.
Powers and duties.
(1)
The Landmarks Preservation Commission shall have the
powers and duties granted by the sections of this chapter and shall
have the power to designate a place, site, structure or building as
a landmark or as part of a historic district, subject to the approval
or disapproval of the Board of Trustees.
(2)
In addition, the Landmarks Preservation Commission
shall have the power to retain consultants, including but not limited
to technical experts, engineers, architects and historians to advise
in the preparation of any plans or projects or to render assistance
and advice in connection with any project to fulfill the duties of
the Landmarks Preservation Commission. Any contract to retain such
consultants which involves the expenditure of Village funds shall
be subject to the approval of the Board of Trustees.
C.
Officers.
(1)
The Mayor of the Village, subject to the approval
of the Board of Trustees, shall designate one of the members of the
Landmarks Preservation Commission to serve as Chairman for a period
of three years. The Village Clerk shall serve as Executive Secretary
of the Landmarks Preservation Commission.
(2)
The Commission may elect a Vice Chairman from the
remaining four members of the Landmarks Preservation Commission.
D.
Quorum. At least three members of the Landmarks Preservation
Commission shall constitute a quorum for the transaction of its business
or the performance of its functions, and the concurring vote of three
members of the Landmarks Preservation Commission shall be necessary
for the adoption of any recommendations, motions or other acts of
the Landmarks Preservation Commission.
A.
Any person may request the designation of a landmark
site or historic district by submitting to the Landmarks Preservation
Commission an application for such designation on a form furnished
by the Landmarks Preservation Commission. In addition, the Landmarks
Preservation Commission may, on its own motion, initiate proceedings
for the designation of a landmark, landmark site or historic district.
B.
In the event that the Landmarks Preservation Commission
decides to entertain an application for designation, notice that such
application is being entertained shall be given to the Commission
by the owner or owners of the parcel on which the proposed landmark
site or historic district is situated. Notice shall also be given
to the owners of all property located within 250 feet of the exterior
boundary lines of the subject parcel and shall also be published in
a local newspaper. Said owner or owners shall have the right to confer
with the Landmarks Preservation Commission prior to final action by
the said Commission on the application.
C.
The Landmarks Preservation Commission shall either
approve or disapprove an application within 180 days after the receipt
of the application or initiation of the proceeding by the Landmarks
Preservation Commission. The approval may limit itself to the proposed
historic district or landmark site as described in the application
or may include modifications thereof.
[Amended 12-3-2002 by L.L. No. 23-2002]
D.
If the Landmarks Preservation Commission disapproves
the application, the proceedings with regard to the proposed historic
district, landmark, or landmark site shall terminate. In the event
that no decision is rendered within 180 days, the application shall
be deemed disapproved. No application shall be renewed for a period
of one year from the date of initial filing. An approved or disapproved
application shall immediately be filed with the Board of Trustees,
and notice of such approval or disapproval shall be mailed by the
Village Clerk to the owners of the subject property.
[Amended 12-3-2002 by L.L. No. 23-2002]
E.
All landmark designations approved
by the Landmarks Preservation Commission shall be approved or disapproved
by the Board of Trustees, and no designation of a landmark shall become
effective until approved by vote of the Trustees. Where the Landmarks
Preservation Commission disapproves an application, the Board of Trustees
may overrule said Board and approve said application. Any vote of
the Trustees to overrule the Landmarks Preservation Commission on
any application shall be by a vote of one more than a majority of
the Board of Trustees. The Board of Trustees, in its discretion, shall
call a public hearing on all applications either approved or disapproved
by the Landmarks Preservation Commission. Such hearing shall be advertised
in a newspaper of general circulation in the Village at least 14 days
prior to such hearing; and notice thereof shall be served, by mail
postmarked at least 10 days but not more than 20 days prior to the
date of the public hearing, upon the owner or owners of the proposed
landmark or landmark site or on the owners of the properties within
the proposed historic district and the owner or owners of all property
located within 250 feet of the exterior boundary lines of the subject
place, site, structure or historic district.
[Amended 12-19-2017 by L.L. No. 8-2017]
F.
When the Board of Trustees approves or denies an application,
the Building Inspector, the Landmarks Preservation Commission and
the owner or owners of the subject property shall be notified, in
writing, by the Village Clerk. If the Board of Trustees approves an
application, the Village Clerk shall also notify the Building Inspector.
A.
Upon receipt of notice that the Landmarks Preservation Commission is considering a place, site, structure, or building for designation as a landmark or landmark site or as part of an historic district, the Building Inspector shall not issue any permit for the demolition, alteration, or improvement of said place, site, structure, or building for a period of 240 days, unless prior to the expiration of said period there is a final determination by the Board of Trustees that said place, site, structure, or building has not qualified as a landmark or landmark site or as part of an historic district. If within said period the Board of Trustees designates the property in question as a landmark or landmark site or as part of an historic district no building permit shall be issued except pursuant to § 350-8 of this chapter.
[Amended 12-3-2002 by L.L. No. 23-2002]
B.
Upon notification that the Board of Trustees has designated
a landmark, a landmark site or historic district, the Building Inspector
shall immediately cause such property to be so designated on the Landmark
and Historic District Map.
A.
After a place, site, structure or building has been
duly designated by the Board of Trustees as a landmark or landmark
site or within a historic district, the owner or owners of said landmark
or landmark site or the owner or owners of property in a historic
district shall be eligible for reimbursement for all or part of the
general Village tax as provided in the resolution of the Landmark
Preservation Commission subject to approval or disapproval by the
Board of Trustees.
B.
The owner or owners of a landmark or landmark site
or the owner or owners of property in a historic district shall be
reimbursed for the proper and timely payment of only those taxes accruing
after the date of formal designation of the landmark or landmark site.
A.
The Treasurer of the Village of Great Neck shall reimburse the owner or owners of a designated landmark or landmark site for paid taxes pursuant to § 350-6 of this chapter within 90 days after the funds from said taxes become available to him for purposes of this section.
B.
The Treasurer shall have the authority to adopt such
procedures as are reasonably necessary for the proper reimbursement
of said taxes.
A.
No structure, site, place or building designated as
a Landmark or landmark site appearing on the Landmark and Historic
District Map and the Official Zoning Map of the area in which the
landmark or landmark site is located or any place, site, structure,
building or property located wholly or partly within the boundaries
of the historic district shall be constructed, altered, repaired,
moved or demolished except in compliance with the requirements set
forth in this section.
B.
The Landmarks Preservation Commission shall review
all plans for the moving, exterior construction, alteration or repair,
landscaping or demolition of places, sites, structures or buildings
designated as landmarks or landmark sites and all places, sites, structures
or buildings wholly or partly within the boundaries of the historic
district.
(1)
It shall be the duty of the Landmarks Preservation
Commission to review such plans before a building permit for the proposed
activity is granted by the Building Inspector.
(2)
The Landmarks Preservation Commission shall only review
plans relating to the exterior features of a structure or building
as are visible from the public way, and shall have no jurisdiction
to consider interior walls, arrangements or structures.
(3)
In reviewing the plans, the Landmarks Preservation
Commission shall give consideration to:
(a)
The historical and architectural value and significance
of the building or structure and its relationship to the historic
and architectural value of the surrounding area.
(b)
The general appropriateness of proposed exterior
design, colors, arrangement, texture and materials.
(c)
Any other factors relating to aesthetic considerations
which the Landmarks Preservation Commission deems pertinent to the
benefit of the Village and to the historic significance of the structure
or building and surrounding area.
C.
Alterations, repairs and additions to buildings or
structures located wholly or partly within the boundaries of the historic
district or which are designated as landmarks shall be made consistent
with the materials and styles of the particular architectural period
of which said building or structure is characteristic.
D.
New construction shall be consistent with the architectural
styles of historic value in the historic district. However, the Landmarks
Preservation Commission may approve the construction of buildings
or structures which have a dissimilar architectural style to that
of the historic district if said Commission deems it proper that the
new construction will be in the best interests of the historic district.
E.
Moving of buildings or structures designated as landmarks
or located wholly or partly within the boundaries of the historic
district may be allowed as an alternative to demolition.
F.
Procedure for the review of plans.
(1)
Applications for a building permit to construct, alter, repair, move or demolish any place, site, structure or building designated as a landmark or any place, site, structure or building within or on the boundaries of the historic district shall be made to the Building Inspector pursuant to Chapter 237, Construction Codes, Uniform, Article I, Administration and Enforcement, of this Code, except as provided hereafter. The application shall state that the property is a landmark and/or is located within or on the boundaries of the historic district. Plans shall be submitted showing the structure or building in question and also giving its relation to adjacent structures or buildings and the construction, alteration, repair, moving or demolition sought to be accomplished.
(2)
The Building Inspector shall transmit the application
and the plans to the Landmarks Preservation Commission.
(3)
The Landmarks Preservation Commission shall then review
the plans according to the provisions of this chapter. In reviewing
the plans, the Landmarks Preservation Commission may confer with the
applicant or his authorized representative concerning the building
permit.
(4)
Notwithstanding any other provisions of this chapter,
if the applicant establishes to the satisfaction of the Commission
that there is unnecessary hardship in the strict application of the
provisions of this section, a notice to proceed will be granted if
the applicant provides proof that the following facts and conditions
exist:
(a)
That the land or improvement in question cannot
yield a reasonable return if the proposed construction, removal, alteration
or demolition is not permitted; or
(b)
That the hardship of the applicant is due to
unique circumstances; the proposed alteration, construction, removal
or demolition will not alter the essential character of the area;
and the hardship is the result of the application of the chapter and
is not the result of any act or omission by the applicant.
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Any relief granted shall be in conformance with
the objectives of this chapter.
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(5)
The Landmarks Preservation Commission shall approve,
modify and approve, or disapprove such plans within 60 days after
receiving the application and said plans, and shall transmit a copy
of its findings and determination to the Building Inspector and the
applicant. If the Commission fails to act within 60 days of receipt
of the application, the application shall be deemed to have been approved.
(6)
The Building Inspector shall not grant a building
permit until such time as an application has been approved by the
Landmarks Preservation Commission or 60 days have elapsed from the
date the application is received by the Commission.
(7)
Nothing in this section shall be construed to prevent
ordinary maintenance or repair, with like materials of similar quality
and color, of any place, site, structure or building designated as
a landmark or landmark site or any property located wholly or partly
within the boundaries of a historic district.
G.
This section shall not apply in any case where the
Building Inspector or any authorized Village enforcement agency orders
or directs the construction, removal, alteration or demolition of
any improvement on a landmark site or in a historic district for the
purpose of remedying conditions determined to be unsafe or dangerous
to the life, health or property of any person.
The Building Inspector shall be responsible for appropriate public identification of areas designated as landmarks, landmark sites and historic districts on the Landmark and Historic District Map. The Landmarks Preservation Commission must approve the size, style, color, typography, material of construction and wording of all privately owned signs identifying landmarks, landmark sites and properties within historic districts, prior to installation, consistent with the provisions of § 350-8.
A.
A violation of this chapter shall be punishable by
a fine not exceeding $250 or by imprisonment not exceeding 15 days,
or by both such fine and imprisonment.
B.
The imposition of the penalties in this section shall
not preclude the Village Attorney from instituting any appropriate
action or proceeding to prevent an unlawful erection, construction,
reconstruction, demolition, alteration, repair, conversion, maintenance
or use or to restrain, correct or abate a violation or to prevent
an illegal act, conduct, business or use in or about any premises.
