[HISTORY: Adopted by the Board of Trustees
of the Village of Baxter Estates by L.L. No. 1-2003. Amendments noted where applicable.]
A.
The Board of Trustees finds that the preservation
of historic sites and districts within the Village fosters a greater
stability within the Village, creates an appreciation of our historical
heritage, and furthers the education of our future generations. Therefore,
preservation of historical sites and districts will further the general
health, safety, and welfare of our residents.
B.
It is the intent of this chapter to set forth procedures
and criteria to preserve certain sites and districts deemed to be
significant in the history of the Village and to remedy circumstances
which would permit the needless alteration or destruction of these
sites and districts.
As used in this chapter, the following terms
shall have the meanings indicated:
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.
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.
The Board of Trustees of the Village.
[1]The Landmarks Preservation Commission created by this chapter.
The Landmarks Preservation Commissioner of the Village.
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.
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.
A map to be prepared and maintained by the Commission identifying
the location of all designated historic sites and historic districts
in the Village.
An individual, partnership, unincorporated association, corporation,
or any other legal entity or organization.
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.
A style recognized by any one of the following organizations:
The National Register of Historic Places;
Historic American Buildings Survey;
Historic American Engineering Records, U.S.
Department of the Interior National Park Service;
Division of Historic Preservation, New York
State Office of Parks and Recreation;
Nassau County Museum;
National Trust for Historic Preservation; and
Society of Architectural Historians.
The Superintendent of Buildings of the Village.
[Added 3-7-2019 by L.L.
No. 1-2019]
The Incorporated Village of Baxter Estates.
[1]
Editor's Note: The former definition of "Building Inspector,"
which immediately followed this definition, was repealed pursuant
to L.L. No. 1-2019, adopted 3-7-2019. See now the definition of "Superintendent
of Buildings."
A.
Appointment of members and terms of office. The Commission
shall consist of five members, all of whom shall be appointed by the
Mayor, with the approval of the Board of Trustees. One member shall
be designated by the Mayor, with the approval of the Board of Trustees,
as the Commissioner, who shall serve as chairman. The Superintendent
of Buildings shall act in an advisory capacity without voting power.
The respective terms of the appointed members of the Commission shall
be as follows: one shall be appointed for one year, one shall be appointed
for two years, one shall be appointed for three years, one shall be
appointed for four years, and one shall be appointed for five years;
thereafter, each of their successors shall be appointed for five years.
[Amended 3-7-2019 by L.L.
No. 1-2019]
B.
No person shall be eligible to be appointed as a member
of the Commission, unless he or she satisfies the requirements of
Village Law § 3-300, or any successor provision thereto;
provided, however, that notwithstanding any provision of Village Law
§ 3-300 to the contrary, a person who is not a resident
of the Village of Baxter Estates but is a resident of Nassau County
and satisfies all other requirements of Village Law § 3-300
shall be eligible to be appointed to, and serve on, the Commission.
C.
Vacancies. In the event of a vacancy occurring during
the term of a member of the Commission, the Mayor, with the approval
of the Board of Trustees, shall make an appointment to complete the
unexpired term of such member.
D.
Vote necessary for decision. No action shall be taken
by the Commission without the concurring vote of at least three members.
E.
Meetings. The Commission shall meet as required at
the call of the Chairman or any three members.
F.
Powers and duties of the Commission. In addition to
the other powers and duties granted to the Commission by this chapter,
the Commission shall have the following powers and duties:
(2)
To approve or disapprove all applications or requests
for alterations within any historic district or involving historic
sites.
(3)
To retain qualified 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 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.
(4)
To accept grants, private donations, and other funds,
and spend such funds for the purposes for which the Commission was
created, such spending to be subject to the approval of the Board
of Trustees.
G.
A member who misses three consecutive business meetings
without an excuse may be removed from the office by the Board of Trustees.
A.
Any owner of property not within the boundaries of
an historic district may request designation of his property as an
historic site by written application to the Commission. If the Commission
does not act upon the application within 60 days after the application
has been filed, it will automatically be submitted to the Board of
Trustees for consideration. Such written application shall be in a
form provided by the Commission for that purpose, or such other form
as is acceptable to the Commission. Each such application by an owner
requesting designation of his property as an historic site shall be
accompanied by a nonrefundable fee, in an amount to be established
from time to time by resolution adopted by the Board of Trustees,
together with such deposits to defray Village expenses in connection
with such application, as are established from time to time by resolution
adopted by the Board of Trustees.
B.
The Commission may, on its own motion, initiate proceedings
for the designation of an historic site, in which case the owner of
the property concerned will be notified immediately by certified mail,
return receipt requested, and by first-class mail.
C.
Applications for historic site designation approved
by the Commission, with or without the approval of the property owner,
shall be forwarded to the Board of Trustees for consideration. Historic
site designation may be awarded to the property only after a public
hearing and upon adoption by the Board of Trustees of a resolution
making such designation within a period of 61 days after the first
public hearing, unless an owner of the subject property grants the
Board of Trustees additional time.
[Amended 9-19-2005 by L.L. No. 1-2005]
D.
Applications for historic site designation submitted
by the property owner, but not approved by the Commission, may be
forwarded to the Board of Trustees upon written application by the
property owner. Such applications shall be acted upon by the Board
of Trustees in the same manner as an historic site designation application
which had been approved by the Commission.
E.
The owner of the property under consideration for
historic site status shall be sent notice of all hearings affecting
his property by certified mail, return receipt requested, and by first-class
mail, at least 20 days prior to the scheduled hearing.
F.
When the Board of Trustees approves or denies an application,
the Superintendent of Buildings, the Commission, and the owner or
owners of the subject property shall be notified by certified mail,
return receipt requested, and by first-class mail by the Village Clerk.
[Amended 3-7-2019 by L.L.
No. 1-2019]
[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.
A.
The exterior of any place, site, or structure designated
as an historic site or any place, site, or structure located wholly
or partly within an historic district shall not be altered except
in compliance with the requirements set forth in this chapter.
B.
The Commission shall review all plans for the alteration
of places, sites, or structures designated as historic sites or wholly
or partly within an historic district. No building permit for the
proposed activity shall be granted without the approval of the Commission.
C.
It shall be the duty of the Commission to exercise
sound historic and architectural judgment to maintain the desirable
character of all of the historic sites and of any historic district
and to prevent any alteration which is out of harmony with the existing
structures, insofar as style, materials, color, line, and detail are
concerned, and to prevent any change to the topography or landscaping
which would subvert the intent of this chapter, and thus to prevent
degeneration of property, safeguard public health, prevent fire, promote
safety, and preserve the beauty and character of the historic sites
and any historic district. In passing upon appropriateness, the Commission
shall consider, in addition to any other pertinent factors, the historical
and architectural value and significance, architectural style, general
design, arrangement, texture, materials and colors of the exterior
architectural features involved and the relationship thereof to the
exterior architectural features of other structures in the immediate
vicinity, and how the topography and landscaping enhance or detract
from such places, sites, and structures.
D.
Moving of structures designated as historic sites
or located wholly or partly within the boundaries of an historic district
may be allowed as an alternative to demolition.
E.
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, or structure designated as an historic
site, or any property located wholly or partly within an historic
district.
F.
New construction shall be consistent with the architectural
styles of historic value at the historic site or within an historic
district. However, the Commission may approve the construction of
structures which have a dissimilar architectural style to that of
the historic site or an historic district, if the Commission determines
that such new construction will be in the best interests of the historic
site or the historic district.
G.
The Commission shall act upon all plans relating to
the exterior features of a structure, and the topography and landscaping
of a place or site, and shall have only advisory jurisdiction, when
requested by the property owner, over interior walls, interior arrangements,
and interior structures.
H.
Procedures for the review of plans:
(1)
Application for a building permit for alterations
to any place, site, or structure located in an historic district or
any place, site, or structure designated as an historic site shall
be made to the Superintendent of Buildings, except as provided hereinafter.
The application shall state that the property is an historic site
and/or is located wholly or partly within an historic district. Plans
shall be submitted showing the structure in question and also giving
its relation to adjacent sites, or structures and the alteration sought
to be accomplished. Submissions shall be in such form and quantity
as may be reasonably required by the Superintendent of Buildings.
[Amended 3-7-2019 by L.L.
No. 1-2019]
(2)
The Superintendent of Buildings shall transmit the
application and the plans to the Commission.
[Amended 3-7-2019 by L.L.
No. 1-2019]
(3)
The Commission shall then review the plans according
to the provisions of this chapter. In reviewing the plans, the Commission
may confer with the applicant or the applicant's 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 chapter:
(a)
A notice to proceed will be granted if the applicant
provides proof that the following facts and conditions exist:
[1]
The land or improvement in question cannot yield
a reasonable return if the proposed alteration is not permitted; or
[2]
That:
[a]
The hardship of the applicant is due to unique
circumstances; and
[b]
The proposed alteration will not alter the essential
character of the area; and
[c]
The hardship is the result of the application
of the local law and is not the result of any act or omission by the
applicant.
[d]
Any relief granted shall be consistent with
the objectives of this chapter.
(5)
The Commission shall approve, modify and approve,
or disapprove such application and plans within 45 days after receiving
the application and said plans, and shall transmit a copy of its findings
and determination to the Superintendent of Buildings and the applicant.
If the Commission fails to act within 45 days of receipt of the application,
the application shall be deemed to have been approved, unless an owner
of the property grants the Commission an extension of time to act.
[Amended 3-7-2019 by L.L.
No. 1-2019]
(6)
Any determination of the Commission may be appealed
to the Village's Zoning Board of Appeals within 30 days from the date
that said determination is filed with the Village Clerk.
I.
This chapter shall not apply in any case where the
Superintendent of Buildings or any authorized Village enforcement
agency orders or directs the alteration of any improvement in an historic
district or historic site for the purpose of remedying conditions
determined to be unsafe or dangerous to the life, health, safety or
property of any person.
[Amended 3-7-2019 by L.L.
No. 1-2019]
J.
Any person who causes, suffers or permits the demolition,
alteration, erection, construction, reconstruction, repair, conversion,
maintenance, or use of any place, site, structure or building in violation
of the provisions of this chapter shall immediately restore same to
the condition in which same existed before such unauthorized demolition,
alteration, erection, construction, reconstruction, repair, conversion,
maintenance or use took place.
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.
A.
Each and every violation of, or failure to comply with, any provision
of this chapter shall constitute a violation, punishable as follows:
for a conviction of a first offense, by a fine not more than $10,000,
or imprisonment for a period not to exceed 15 days, or both such fine
and imprisonment; for a conviction of a second offense, both of which
were committed within a period of five years, by a fine not less than
$10,000, nor more than $25,000, or imprisonment for a period not to
exceed 15 days, or both such fine and imprisonment; and for a conviction
of a third or subsequent offense, all of which were committed within
a period of five years, by a fine not less than $25,000, nor more
than $50,000, or imprisonment for a period not to exceed 15 days,
or both such fine and imprisonment.
[Amended 8-6-2015 by L.L.
No. 2-2015]
B.
The imposition of the penalties in this chapter 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 (including, but
not limited to, requiring a person who violates this chapter to repair,
reconstruct and/or replace the place, site, building or structure
as it existed before the violation took place) or to prevent an illegal
act in violation of this chapter at any premises within the Village.
[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:
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.
