[HISTORY: Adopted by the Town Board of the
Town of Babylon 12-15-1987 by L.L.
No. 10-1987. Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 213.
A.
Historically, the Town of Babylon is one of the oldest
communities in the nation. Babylon Town is rich with a vast amount
of events, people and sites of great historic significance, not only
since our inception in 1872 but dating back to the times of our colonial
founding settlers and original Indian inhabitants. In our community,
there exist irreplaceable historic resources which give character
and distinction to our communities that are threatened by rapid development
and the forces of change.
B.
It is hereby declared as a matter of public policy
that the protection, enhancement and perpetuation of landmarks and
planned historic districts of a zone is necessary to promote the economic,
cultural, educational and general welfare of the general public. Inasmuch
as the identity of a people is founded on its past and inasmuch as
the Town of Babylon has many significant historic, architectural and
cultural resources which constitute its heritage, this code is intended
to:
(1)
Enact a local Historical Preservation Code designed
to designate, protect and enhance historical buildings, planned historical
districts, landmarks, scenic views, structures, works of art and other
objects having special character or significant historical, architectural
or aesthetic interest or value.
(2)
Provide an adequate and qualified Historic Preservation
Commission that will establish a system for the survey and inventory
of historic buildings, landmarks, scenic views, structures, works
of art and other objects having special character or significant historical,
architectural or aesthetic interest or value.
(3)
Create a rejuvenated sense of community pride and
local involvement in the legacy of significant historical events,
local historic development, architectural design, landmarks and the
beauty of the past.
(4)
Protect and enhance Babylon's attractiveness to visitors
and the support and stimulus to the economy thereby provided.
(5)
Ensure the harmonious, orderly and efficient growth
and development of the Town.
A.
It is the intent of the Town Board to establish an
Historical Preservation Commission whose duties it will be to work
in conjunction with the Town Historian to develop, encourage and coordinate
historic preservation programs and activities in the Town of Babylon
and to advise and report to the Town Board on all matters pertaining
to historic preservation.
B.
There is hereby established a Town of Babylon Historical
Preservation Commission whose duties and responsibilities shall include,
but not be limited to:
(1)
Researching, cataloging and preserving all artifacts
and documents relating to what the Commission deems to be significant
historical events, people and sites within the boundaries of the Town
of Babylon.
(2)
Promulgating rules and regulations as necessary for
the conduct of its business.
(3)
Advising the Planning Board and the Town Board on
policy matters regarding historical preservation and historic sites
system through the implementation of official zoning designations
of historical districts of a zone.
(4)
Developing criteria for the identification of significant
historic, architectural and cultural landmarks and for the delineation
of historic districts.
(5)
Reviewing significant historic, architectural and
cultural landmarks and making recommendations to the Planning Board
and Town Board on the designation of properties, dwellings, buildings,
landmarks and scenic views for inclusion into historic districts of
a zone.
(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 the Town Board concerning
the utilization of federal, state, county and private sector funds
to promote the preservation of landmarks and historic districts within
the Town of Babylon.
(8)
Recommending acquisition of landmark structures by
the Town Board where their preservation is essential to the purposes
of this chapter and where private preservation is not feasible.
(9)
Recommending to the Planning Board and Town Board
approval or disapproval of applications for certificates of appropriations
pursuant to this chapter.
(10)
Developing and administering the operations of a Babylon
Town Museum to be established in the mansion situated in the Phelps
Land Recreation Complex, North Babylon, New York.
(11)
Performing such other functions relating to historic
preservation and historic sites as may be requested by the Town Board
or is deemed necessary by the Commission to carry out its responsibilities.
A.
The Town of Babylon Historical Preservation Commission
shall consist of 15 members, all of whom shall be Babylon Town residents,
whose appointments shall be made by the Town Board for terms of two
years, who shall serve without compensation but shall be entitled
to their actual and necessary expenses incurred in the performance
of their duties. All members shall be qualified by education and experience
in the fields of history, architecture and/or other related professional
disciplines. Appointments shall be made to the extent available in
the community, including the following:
(1)
One representative of each of the three incorporated
villages located in the Town of Babylon.
(2)
One representative from each of the eight hamlets
(unincorporated areas) of the Town, including Copiague, Deer Park,
East Farmingdale, North Amityville, North Babylon, North Lindenhurst,
West Babylon and Wyandanch-Wheatley Heights.
(3)
One member shall be the Town of Babylon Historian,
who shall serve as the Commission's Chairperson.
(4)
The Commission may appoint from its membership its
officers as it deems appropriate.
(5)
The Town Board shall also appoint the following support
staff as associate members (nonvoting):
(a)
Staff employee of the Department of Planning
and Development.
(b)
Staff employee of the Town Attorney's office.
(c)
Additional individuals as deemed appropriate
by the Town Board who have demonstrated significant interest in and
commitment to the field of historic preservation evidenced either
by involvement in a local historic preservation group, employment
or volunteer activity in the field of historic preservation or other
serious interest in the field.
B.
The Commission shall meet at least monthly, but meetings
may be held at any time on the written request of any two of the Commission
members or on the call of the Chairman or Town Supervisor.
C.
A quorum for the transaction business shall consist
of eight members of the Commission's members, but not less than a
majority of the full authorized membership may grant or deny a certificate
of appropriateness.
The Commission may recommend an historically
significant property as a landmark or historic district if it:
A.
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;
B.
Is identified with historic personages;
C.
Embodies the distinguishing characteristics of an
architectural style;
D.
Is the work of a designer whose work has significantly
influenced an age; or
E.
Because of a unique location or singular physical
characteristic, represents an established and familiar visual feature
of the neighborhood.
A.
The Planning Board, upon the recommendation of the
Historical Preservation Commission, shall serve as an advisory commission
to the Town Board and shall investigate and hold public hearings on
any proposed establishment of a landmark or historical district and
recommend to the Town Board the formal amendment of the Town of Babylon,
Suffolk County, New York, Amended Zoning Map. Such investigation,
public hearing and recommendation shall incorporate as part of the
recommendation a statement containing the following.
(1)
A descriptive finding of the significance of the area,
building or scenic view to be designated as a landmark or historic
district of a zone.
(2)
A delineation of the boundaries of the proposed landmark
or historic district of a zone either by metes and bounds or on a
drawing of appropriate scale and detail.
(3)
A description of the historic and/or unique aesthetic
quality of structures, memorials or sites, landscape features, the
existing land uses and such other factors and conditions as either
strengthen or tend to blight the quality of the landmark or historic
district of a zone.
(4)
Such other findings as the Planning Board may consider
significant guides in the implementation of the intent of this code
as they pertain to the proposed landmark or historic districts of
a zone.
C.
On adoption of any landmark or historic district of
a zone, such amendment shall be filed within seven days with the Town
Clerk, the Commissioner of Planning and Development, the Planning
Board and the Historic Preservation Commission.
No person shall undertake any exterior alteration,
restoration, reconstruction, demolition, new construction or moving
of a landmark or property within an historic district, nor shall any
person make any material change in trees or other vegetation, its
light fixtures, signs, sidewalks, fences, steps, paving or other exterior
elements visible from a public roadway or highway which affect the
appearance and cohesiveness of the landmark or historic district,
without first obtaining a certificate of appropriateness recommended
by the Planning Board and approved by the Town Board.
A.
In passing upon an application to the Town Board for
a certificate of appropriateness, the Planning Board, in conjunction
with the Historic Preservation Commission, shall not consider changes
to the interior spaces, unless they are open to the public, or to
architectural features that are not visible from a public highway
or roadway.
B.
The Planning Board/Historic Preservation Commission's
recommendation shall be based upon the following principles:
(1)
Properties which contribute to the character of the
historic district shall be retained, with their historic features
altered as little as possible.
(2)
Any alteration of existing properties shall be compatible
with its historic character, as well as with the surrounding district.
(3)
New construction shall be compatible with the district
in which it is located.
C.
In applying the principle of compatibility, the Planning
Board/Historic Preservation Commission 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)
The texture, material and color and their relation
to similar features of other properties in the neighborhood.
(4)
The 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 spacing of properties on streets, including setback.
A.
Prior to the commencement of any work requiring a
certificate of appropriateness, the owner should file an application
for such a certificate with the Department of Planning and Development,
Building Division. The application shall contain:
(1)
The name, address and telephone number of owner/applicant.
(2)
A color glossy photograph of eight by ten (8 x 10)
inches of the property.
(3)
A written narrative regarding proposed work and a
statement of reasons why proposed work is necessary.
(4)
Elevational drawings of proposed changes, if appropriate.
(5)
Perspective drawings, including relationship to adjacent
properties.
(6)
Survey maps prepared by a licensed land surveyor detailing
the existing topography and the location and dimensions of all existing
significant trees and other vegetation and site plans of all existing
and proposed development and modification of natural features, proposed
easements and such other information as the Planning Board, Historic
Preservation Commission and Town Board shall consider necessary to
justify approval of the authorization requested.
(7)
Samples of color or materials to be used.
(8)
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.
(9)
Any other information which the Planning Board, Historic
Preservation Commission or Town Board may deem necessary in order
to visualize the proposed work.
B.
No building permit shall be issued for such proposed
work until a certificate of appropriateness has first been approved
by the Town Board. 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 Town code of the Town of
Babylon.
C.
All decisions of the Town Board shall be by Town Board
resolution. A copy of the Town Board resolution shall be sent to the
applicant by registered mail, and a copy shall be filed within the
Town Clerk's office for public inspection. The Town Board's resolution
shall state the reasons for denying or modifying any application.
An applicant whose certificate of appropriateness
has been denied may apply for relief from landmark designation on
the ground(s) that designation is working a hardship upon him/her.
In order to prove the existence of hardship, the applicant 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.
A.
After receiving written notification from the Town
Board of the denial of a certificate of appropriateness, an applicant
may commence the hardship process. No building permit or demolition
permit shall be issued unless the Town Board makes a finding that
a hardship exists.
B.
The Town Board may hold a public hearing on the hardship
application at which an opportunity will be provided for proponents
and opponents of the application to present their views.
C.
The applicant shall consult in good faith with the
Historic Preservation Commission, local preservation groups and interested
parties in a diligent effort to seek an alternative that will result
in preservation of the property.
D.
All decisions of the Town Board shall be in writing.
A copy shall be sent to the applicant by registered mail, and a copy
shall be filed with the Town Clerk's office for public inspection.
The Town Board's decision shall state the reasons for granting or
denying the hardship application.
A.
Administration. The Chief Building Inspector shall
administer and enforce the provisions of this chapter. In connection
with overseeing this responsibility, the Chief Building Inspector
shall provide a permit procedure coordinated with the established
building permit procedure and certificate of occupancy procedure.
B.
Enforcement. All work performed pursuant to this chapter
shall conform to any requirements included therein. It shall be the
duty of the Chief Building Inspector to inspect periodically any such
work to assure compliance. In the event that work is found that is
not being performed in accordance with the certificate of appropriateness,
the Chief 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.
Every person in charge of an improvement located
in a landmark or historic district of a zone shall keep in good repair
all exterior portions of such improvements and all interior portions
thereof which, if not so maintained, may cause or tend to cause the
exterior portions of such improvements to deteriorate, decay or become
damaged or otherwise to fall into a state of disrepair. This provision
shall be in addition to all other provisions of the codes, ordinances
and regulations of the Town of Babylon requiring any such improvement
to be left in good repair.
[Amended 4-27-2022 by L.L. No. 10-2022]
A.
Any person, association, corporation, organization
or member, officer, agent or employee of any such entity who shall
be found by a court of competent jurisdiction to be in violation of
any of the provisions of this chapter shall be guilty of a misdemeanor
and shall be subject to a fine of not less than $500 nor more than
$1,500 or a period of incarceration not to exceed one year, or both.
Any person or entity found by the Bureau of Administrative Adjudication
to have violated any of the provisions of this chapter shall likewise
be subject to a monetary penalty of not less than $500 nor more than
$1,500.
[Amended 12-20-2023 by L.L. No. 25-2023]
B.
Any person, association, corporation, organization
or member, officer, agent or employee of any such entity who shall
demolish, alter, construct or permit a designated property to fall
into a state of disrepair in violation of this chapter shall be required
to restore said property and its site to its original appearance prior
to the demolition, alteration, construction or other act which permitted
the designated property to fall into a state of disrepair in violation
of this chapter. The Town Attorney shall initiate an action in a court
of competent jurisdiction to correct a violation of this chapter.
Any civil action shall be in addition to and not in lieu of any criminal
prosecution or any proceeding before the Bureau of Administrative
Adjudication.
