As used in this chapter, the following terms
shall have the meanings indicated:
ALTERATION
Any act or process, including but not limited to demolition,
alteration, construction, or relocation of a structure, and regrading,
removal or planting of landscaping at a place or site, which changes,
at a historic site or within the historic district, one or more of
the exterior architectural features of a structure and/or one or more
significant aspects of the topography or the landscaping features
of a site.
ARCHITECTURAL FEATURES
The architectural style, design, general arrangement, and
components of all the exterior surfaces of any structure, including,
but not limited to, the kind, color, and texture of the building material
and the type and style of all windows, doors, fences, lights, signs,
and other fixtures appurtenant to the structure.
COMMISSION
The Landmarks Preservation Commission created by this chapter.
COMMISSIONER
The Landmarks Preservation Commissioner of the Village.
HISTORIC DISTRICT
Any district of historical value by reason of its antiquity
or uniqueness of architectural or cultural characteristics of the
Village, town, county, state, or nation.
HISTORIC SITE
Any premises or structure of historical value by reason of
its antiquity or uniqueness of architectural or cultural characteristics
of the Village, town, county, state, or nation.
HISTORIC SITE MAP
A map to be prepared and maintained by the Commission identifying
the location of all designated historic sites and historic districts
in the Village.
PERSON
An individual, partnership, unincorporated association, corporation,
or any other legal entity or organization.
STRUCTURE
Any building or other assembly or combination of materials,
whether or not intended for occupancy or use and whether or not actually
being occupied or used.
STYLES OF ARCHITECTURE
A style recognized by any one of the following organizations:
A.
The National Register of Historic Places;
B.
Historic American Buildings Survey;
C.
Historic American Engineering Records, U.S.
Department of the Interior National Park Service;
D.
Division of Historic Preservation, New York
State Office of Parks and Recreation;
F.
National Trust for Historic Preservation; and
G.
Society of Architectural Historians.
VILLAGE
The Incorporated Village of Baxter Estates.
[Amended 3-7-2019 by L.L.
No. 1-2019]
A. Upon receipt of notice that the Commission is considering a place, site, or structure for designation as an historic site or as part of an historic district, the Superintendent of Buildings shall not issue any permit for the alteration of said place, site, or structure for a period of 120 days unless prior to the expiration of said period there is a final determination by the Board of Trustees that said place, site, or structure has not qualified as an historic site or to be included within an historic district. If within said period the Board of Trustees designates the property in question as an historic site or as part of an historic district, then no building permit shall be issued, except pursuant to §
118-6 of this chapter.
B. Upon notification that the Board of Trustees has designated
a site as an historic site or as part of an historic district, the
Superintendent of Buildings shall immediately cause such property
to be so designated on the Village Zoning Map.
The Board of Trustees may, with respect to any
site, district or structure designated by the Board as a historic
site or within an historic district, at the request of any person
or on its own motion, recommend in an advisory capacity to Nassau
County's real property tax assessor or assessing agency that the assessment
for the affected property for general tax purposes be frozen at the
amount in place at the time of such designation, or reduced prospectively.
To the extent that the Village is then a separate real property tax
assessing unit, the Board may consider similar relief with respect
to the assessment of said property for Village tax purposes.
[Added 1-7-2016 by L.L.
No. 1-2016]
A. No owner or person with an interest in a parcel of real property
designated as an historic site, or within the boundaries of a designated
historic district, shall cause, permit, suffer or allow the property,
or any portion thereof, or any structure therein or thereon, to deteriorate,
decay or to fall into a state of disrepair so as to result in the
deterioration or decay of any exterior feature, or of any structural
component, which would, in the judgment of the Commission, have a
detrimental effect upon the character of the historic site or the
historic district within which the parcel and/or structure is located,
or which would, or would be reasonably likely to, threaten the viability
or structural integrity of any structure therein or thereon, or any
portion of any such structure.
B. Every owner and occupant of a parcel of real property designated
as an historic site, or within the boundaries of a designated historic
district, shall maintain in good repair:
(1) All of the exterior portions of any structure on such parcel; 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 state of disrepair.
C. The following shall constitute instances of disrepair or deterioration
to a structure that, if caused, permitted, suffered or allowed by
an owner or occupant of a designated historic site or parcel within
a designated historic district, shall constitute a violation of this
chapter:
(1) Deterioration or disrepair of exterior walls or any exterior or interior
vertical supports;
(2) Deterioration or disrepair of roof or other horizontal members or
any portions thereof;
(3) Deterioration of chimneys;
(4) Deterioration of exterior finishes, including walls, fenestration,
architectural features;
(5) Water damage to exterior walls, roofs or foundations;
(6) Ineffective waterproofing of exterior walls, roofs or foundations,
including broken windows or doors; or
(7) Deterioration of any feature of any structure so as to create a condition
reasonably likely to threaten the viability and safe condition of
the structure or any portion thereof.
D. The provisions of this section shall be in addition to, and not in
lieu of, all other provisions of law requiring any such property or
structure to be maintained in good repair and safe condition.