The Board of Trustees hereby declares that the
purposes of this article are to identify, restore, protect and preserve
such places, districts, sites, buildings, structures, publicly displayed
works of art and other objects as authorized by and in accordance
with Article 5, § 96-a, of the General Municipal Law of
the State of New York and Article 14 of the Parks, Recreation and
Historic Preservation Law of the State of New York and to provide
a procedure to carry out the foregoing purpose.
There is hereby created a Landmarks Preservation
Commission (hereafter the "Commission"), which shall consist of seven
members. The five members of the Village's Environmental Conservation
Commission, as presently or hereafter constituted, are hereby designated
members of the Commission during their term as members of the Environmental
Conservation Commission. Two additional members shall be appointed
by the Mayor with the approval of the Board of Trustees. Such additional
members shall be selected because, by membership or office in a local
historical society or by virtue of special education or expertise
and interest, they are specially qualified to contribute to the proper
functioning of the Commission. The Mayor shall designate one member
of the Commission as its Chairperson for a term of two years, subject
to the approval of the Board of Trustees. Vacancies shall be filled
for the unexpired term of any member whose place has become vacant.
The Superintendent of Buildings shall serve as an ex officio member
of the Commission but shall not vote on actions to be taken by the
Commission.
The designation of landmarks shall be made in
accordance with the following procedures:
A. Any improvement, site or district, or part thereof,
in the Village may be referred to the Commission for consideration
as a prospective landmark by any one of the following: the owner,
the Board of Trustees, the Superintendent of Buildings, an historical
society or organization incorporated in this state or by a written
petition signed by five or more residents or property owners of the
Village or by the Commission itself.
B. Written notice that an improvement, site or district,
or part thereof, is under consideration for designation as a landmark
shall be given by the Commission to the owner thereof by regular and
by certified mail and to the Village Clerk, the Superintendent of
Buildings and the Village Historian. Such notice shall designate a
date, not less than 15 days nor more than 30 days from date of the
notice, for an informal conference regarding the proposed designation
and invite comment with respect thereto. The owner may give written
consent or dissent to the proposed designation to the Commission within
five days after such informal conference.
C. Within 30 days after such informal conference, the
Commission shall hold a public hearing on the proposed landmark designation,
giving notice of the date, time and place thereof and of the right
of interested parties to be heard, as follows: by publication in the
official newspaper of the Village; by posting in three public places
in the Village; by regular and certified mail to the owner of the
proposed landmark and to the owners of properties abutting the proposed
landmark; and by written notice to the Superintendent of Buildings,
the Village Historian and the Village Clerk. Within 30 days after
such hearing, the Commission shall make a report to the Board of Trustees
recommending approval or disapproval of the proposed designation as
a landmark.
D. Upon receipt of a report by the Commission recommending designation of an improvement, site or district, or part thereof, as a landmark, the Board of Trustees may schedule a public hearing thereon to be held within 15 days after adoption of a resolution to hold such hearing but not more than 30 days after receipt of such report from the Commission. Notice of such hearing shall be given in the manner provided in Subsection
C hereof. At such public hearing, all persons interested in such proposed designation shall be afforded an opportunity to submit written or oral proof and comments with respect thereto.
E. Within 30 days after such public hearing, or if no
public hearing is held, then within 30 days after receipt of the Commission's
report, the Board of Trustees shall, by resolution, either approve
or disapprove the report of the Commission, giving the reasons therefor.
In the event that the Board shall approve such report, it shall also
direct that the improvement, site or district be added to an official
register of landmarks, to be maintained in the office of the Village
Clerk. A duplicate of such register shall be maintained by the Superintendent
of Buildings. Notice of such determination by the Board of Trustees
shall be given by the Village Clerk by regular and certified mail
to the owner or owners of the properties thus granted or denied landmark
status.
The Commission, in recommending the designation
of a landmark, and the Board of Trustees, in designating a landmark,
shall consider the following criteria:
A. That the proposed landmark has historical, archaeological,
cultural, aesthetic or architectural significance by reason of famous
events thereon or occupants thereof or the antiquity or uniqueness
of the historical, archaeological, cultural, aesthetic or architectural
construction, arrangement or design or by reason of its effect on
the heritage and history of the Village.
B. That the proposed designation of a landmark will promote
the public health, safety, education or general welfare of the Village
and its inhabitants.
C. That Village property values, heritage, history, culture,
aesthetics, character and quality of life generally will be preserved
or enhanced by such designation.
D. That the designation as a landmark will not cause
the owner thereof or other persons undue or extreme hardship in the
use of the property or neighboring properties.
In making its determination with respect to
an application for permission to alter or demolish a landmark or to
erect a building or structure upon a landmark site, the Commission
shall consider the following factors:
A. Whether the proposed work would substantially change,
destroy or affect any exterior architectural element or feature of
the landmark.
B. Whether the proposed work would be in harmony with
the existing aesthetic, historical and architectural values and significance,
architectural style, design, arrangement, texture, material and color
of the landmark and that of other improvements in close proximity
thereto.
C. Whether the applicant's objectives can be attained
in an alternate manner consistent with the preservation of the landmark.
D. The effects of the proposed work upon the protection,
enhancement, perpetuation, preservation and use of the landmark.
E. Whether the existing landmark status is capable of
affording the owner a reasonable return upon the owner's investment
in the property.
Pursuant to § 96-a of the General
Municipal Law of the State of New York, upon application to the Commission
by any owner of an improvement parcel proposed to be designated, or
actually designated, as a landmark who can establish that such designation
shall impair or has impaired the ability of such parcel to yield a
reasonable economic return, the Commission may recommend to the Board
of Trustees a partial or total tax abatement of real estate taxes
levied by the Village on such property. Such abatement shall be in
such percentage of the assessed value of the property as the degree
of limitation created by such designation bears to the potential use
of said property absent such designation. The Board of Trustees may
accept, reject or modify such recommended tax abatement. If the Board
of Trustees grants any abatement, it may also recommend to other taxing
authorities a similar tax abatement pursuant to real property § 96-a
of the General Municipal Law.
A review of a final determination by the Board
of Trustees or the Commission hereunder shall be in accordance with
Civil Practice Law and Rules, Article 78, and such proceeding shall
be instituted within 30 days of such final determination.