[HISTORY: Adopted by the Town Board of the Town of Smithtown 2-5-1985 as L.L. No.
1-1985. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Historic
Districts Law of the Town of Smithtown."
A.
The Smithtown Town Board finds that the historic heritage of Smithtown
is among its most valued and most important educational, cultural
and economic assets. It is the intent of the Town Board to promote
the conservation, protection and preservation of historic sites and
structures within Smithtown for the education, welfare and pleasure
of the residents of Smithtown.
B.
The Town Board of Smithtown therefore finds that:
(1)
There exist in sections of the Town of Smithtown pieces of property,
archaeological sites, landmarks and buildings of:
(a)
Special historic interest, by reason of association with historic
or famous events or by reason of antiquity or by reason of association
with historic or famed personages or by reason of being illustrative
of events or periods in the history and growth of the Town of Smithtown.
(b)
Unusual aesthetic interest or value, by reason of being representative
of a style or period of architecture or by reason of extraordinary
architectural merit or by reason of association with other buildings,
landmarks, pieces of property or archaeological sites that are historically
and/or architecturally valuable.
(2)
In some sections of Smithtown, these archaeological sites, pieces
of property, buildings and landmarks actually form a distinct area
or district of two or more archaeological sites, pieces of property,
buildings and landmarks that may or may not be contiguous. These districts
also deserve special consideration and delineation as districts because
of the reasons listed herein.
(3)
The conservation, protection, rehabilitation and perpetuation of
such archaeological sites, parcels of property, buildings, landmarks
and districts is a public necessity for the good of the community
and will promote the education, civic pride, economic well-being and
general welfare of the residents of Smithtown.
C.
Now, therefore, the Town Board declares that the purpose of this
chapter is to encourage and to accomplish the conservation, protection,
rehabilitation and perpetuation of such archaeological sites, pieces
of property, buildings, landmarks and districts in the Town of Smithtown.
As used in this chapter, the following terms shall have the
meanings indicated:
Any material change in the exterior architectural features
of any structure less than the demolition or removal of the structure.
"Exterior architectural features" specifically means the architectural
style, general design and general arrangement of the exterior of a
building or other structure subject to the provisions of the Historic
Districts Law. The term includes the color, the kind and texture of
building material and the type and style of the doors, light fixtures,
signs and other appurtenant fixtures. In the case of outdoor advertising
signs, "exterior architectural features" means the style, material,
size and location of all signs. Any renovation of the interior of
a structure in an historic district which has no appreciable effect
upon the exterior architectural features of such a structure shall
not be deemed an "alteration."
Construction, reconstruction, moving, alteration or demolition,
in whole or in part, which will affect the exterior design or appearance
of any structure, building or appurtenant open spaces within or adjacent
to the historic district.
A designation which:
Specifically identifies archaeological sites, pieces of property,
buildings or landmarks of special historical, cultural or architectural
interest, which together form a distinct geographical area within
the Township of Smithtown.
Specifies the purpose for creating such an area and the restrictive
land uses within the area and identifies the historical period, cultural
features or archaeological heritage sought to be restored or preserved
within the district.
A designation which:
Specifically identifies individual archaeological sites, pieces of property, buildings or landmarks of special historical, cultural or architectural interest to the Town of Smithtown as outlined in § 185-2 of this chapter.
Designates the archaeological site, piece of property, building
or landmark as belonging to a district and thereby extends the provisions
of this chapter to the designated structure and appurtenant open spaces
and to adjacent structures which materially affect the architectural
or aesthetic features of any structure designated as part of the district.
Any building or fixture, including but not limited to the
following: houses, stores, warehouses, churches, schools, barns and
other like buildings; fences, outhouses, pumps, gravestones, light
fixtures and other like fixtures; markers, display boards, display
panels, outdoor signs and other like outdoor advertising fixtures.
A.
Membership. The Historical Advisory Board of the Town of Smithtown
shall consist of six members, who shall be appointed by the Town Board
for terms not exceeding two years, and the Town Historian, who shall
serve as an ex officio member. The Chairman of the Board shall be
designated by the Town Board from among the members so appointed to
the Board. The members appointed shall be eligible for reappointment,
shall be qualified by reason of special interest, knowledge or training
in such fields as history, architecture or other like fields of special
knowledge or interest and shall be residents of the Town of Smithtown.
B.
Powers and duties.
(1)
The Historical Advisory Board shall be charged with the following
responsibilities and duties:
(a)
To serve as an advisory board to the Town of Smithtown Town
Board and to meet upon the request of the Town Board, Town Historian
and/or the Chairman of the Historical Advisory Board to discuss any
matter of importance relating to the preservation of the historical,
architectural and cultural heritage.
(b)
To discuss, find and advise the Town Board of Smithtown on a
course of action regarding these matters.
(c)
To present written recommendations for the Town Board members
to consider when making a final determination involving these matters.
(d)
To serve as the guardians of any historical items that have
been or will be donated to the Town of Smithtown by its citizenry.
(e)
To safeguard these items in the public interest by depositing
them in a Town building designated by the Town Board as an historical
depository.
(2)
The responsibilities of the Historical Advisory Board shall be as
follows in establishing historic districts:
(a)
The Board, as a designated agent of the Town Board, in conjunction
with the Director of Town Planning, shall review the historic structures
report that was compiled by the Smithtown Planning Department and
determine the propriety and desirability of bringing certain of these
structures under the provisions of an Historic Districts Law. In this
review of historic structures within the Town, the Advisory Board
shall consider other sites or structures it finds to be of special
historical, cultural or architectural interest which may not be included
in the historic structures report. Upon completing its review, the
Advisory Board shall do as follows:
[1]
It shall draw up a list of archaeological sites, parcels of
property, buildings and landmarks which are deserving of preservation
under the regulations of an Historic Districts Law.
[2]
It shall approach the owner or owners of these properties and
recommend to them that they consider having their properties designated
by the Town Board as "historic" and thereby protected by the covenants
of an Historic Districts Law.
[3]
Upon approval, in writing, by the owner or majority of owners
of these properties that it is their desire to have their properties
declared "historic," the Advisory Board shall recommend the owner's
properties to the Town Planning Director for consideration as historic
sites to be protected as part of an historic standard performance
district or as part of an historic land use district.
[4]
The Smithtown Historical Advisory Board shall act in an advisory
capacity to the Town Planning Director as he prepares his written
recommendation to present to the Town Board for the creation of historic
districts.
[5]
When the Smithtown Town Board holds public hearings on the creation
of historic districts, the Smithtown Historical Advisory Board shall
be prepared to present its own report on the creation of the district.
(b)
Periodic inspections.
[1]
The Smithtown Historical Advisory Board shall periodically inspect
the historic districts which are established by the Town Board to
see that:
[2]
If either of these conditions are found to exist in an historic
district, the Advisory Board shall report the violations to the Planning
Department and Building Department so that appropriate action can
be taken.
(c)
The Smithtown Historical Advisory Board shall have the following
additional functions and responsibilities:
[1]
To meet from time to time to review the status of historic districts
and to recommend to the Town Planning Director and the Town Board
the creation of new historic districts if the Advisory Board deems
it appropriate.
[2]
To meet for any other purpose related to the preservation of
Smithtown's historical, cultural or architectural heritage.
[3]
To maintain such records of structures protected by the historic
districts created by the Town Board.
[4]
To serve as the custodian of any historical items that have
been donated to the Town of Smithtown by its citizenry. In this capacity,
the Advisory Board shall be responsible for:
[a]
The safeguarding of these items in the public interest by depositing
these items in a Town building designated as an historical depository.
[b]
Inventorying and maintaining a listing of these items.
[c]
Periodically displaying the artifacts donated to the Town in
exhibitions that are open to the public and are run for the benefit
of the citizens of Smithtown.
In order to carry out the purposes of this chapter, the Town
Planning Director, acting on the advice of the Smithtown Historic
Advisory Board, shall supervise the review of the proposed historic
districts with the specific powers and duties outlined in this chapter.
A.
Upon receiving the recommendation for the creation of an historic
district from the Smithtown Historical Advisory Board, the Planning
Department shall:
(1)
Make the necessary studies, research investigations and consultations;
prepare the necessary maps, reports and other material; and undertake
such other assignments as it deems appropriate and as may be requested
by the Town Board, all directed toward the establishment and preservation
of the recommended historic districts.
(2)
Submit to the Town Board a written recommendation as to how to handle
the particular historic site or sites and whether or not to include
them in an historic standard performance district or an historic land
use district. This recommendation shall include:
(a)
A general description of the special features and characteristics
of such districts, the purposes for their being established and a
map showing clearly the properties to be affected.
(b)
The written approval of a majority of the owners of the properties
involved, stating that they wish to have their properties protected
by the covenants of Smithtown's Historic Districts Local Law.
B.
Once an historic district has been created, the Planning Department
shall review all applications for certificates of appropriateness
that must be granted before an environmental change can be made in
an historic district. In its review of all applications for building
permits, moving permits, demolition permits, special use permits,
sign permits and variances concerning the exterior of buildings and
the use of land in historic districts, the Town Planning Department
will consider:
C.
The Planning Department shall also review all municipal proposals
relative to uses or structures within an historic district.
A.
Upon receiving a recommendation for the creation of an historic district
from the Town Planning Department, the Smithtown Town Board shall:
(1)
Call a public hearing on the matter, to be held not less than 30
days nor more than 60 days subsequent to receiving the Planning Department's
written recommendation. The public hearing shall be advertised in
a newspaper of general circulation in the Town at least 10 days prior
to such a hearing, and notice thereof shall be served by mail upon
the owners, shown by the tax rolls of the Town, of all properties
lying within 200 feet of the exterior boundary lines of the subject
parcel, site, building or landmark.
B.
At this hearing:
(1)
The Town Planning Department shall make a formal presentation of
the proposed historic district that will review the material contained
in the written recommendation.
(2)
The Smithtown Historical Advisory Board will act in an advisory capacity
to the Town Board and will be prepared to present its own report on
the creation of an historic district.
(3)
The Town Board, on its own motion, may call witnesses, including
architects, engineers, planning consultants or other experts, to comment
on the proposed historic district.
(4)
The public will be heard on the proposed historic district.
C.
At a subsequent Town meeting, the Town Board shall review the written
recommendation of the Town Planning Department, the evidence presented
by expert witnesses and the comments of the public and then determine,
by majority vote, whether or not to create the historic district being
proposed. In this review, the Town Board shall bear in mind the purpose
of this chapter and shall give consideration to any report by the
Smithtown Historical Advisory Board and the advice of the Town Historian.
D.
The Town Board shall notify all Town agencies of the creation of
such an historic district and shall direct the Town Planning Department
to officially designate the area on the Town Zoning Map.
[Amended 5-8-2007 by L.L. No. 5-2007]
No person owning, renting or occupying property within an historic
district shall make any environmental change unless a certificate
of appropriateness has been issued by the Building Director stating
that the proposed environmental change is appropriate and authorizing
the applicant to undertake such an environmental change.
Any applicant requesting an environmental change in a designated
historic district shall follow this procedure in obtaining a certificate
of appropriateness:
A.
Applications for building permits, moving permits, demolition permits,
special use permits, sign permits and variances within historic districts
shall be referred to the Town Planning Department by the Building
Director or the Board of Appeals.
[Amended 5-8-2007 by L.L. No. 5-2007]
B.
The Planning Department shall then review the application and plans
in accordance with the provisions of this chapter. In making its review,
the Planning Department may confer with the applicant or its authorized
representative and shall, in making its determination, consider the
following:
(1)
The compatibility of the proposed building, structure, alteration
thereof or use of the property with neighboring properties and the
historic district as a whole.
(2)
The visual and locational relationship between the property in question
and the historic district's existing buildings, structures, special
character and general appearance in regard to style, material, scale,
proportion, composition, mass, line, color, detail, setback, landscaping
and related items.
(3)
Any other factors relating to aesthetic considerations which are
deemed pertinent to the benefit of the historic district.
C.
By specific request in a particular case, the Planning Department
may require the submission of such plans, reports, maps, exhibits,
photographs or drawings as are necessary for its determinations. These
submissions shall include but not be limited to site plans; architectural
plans; landscaping plans; proposed signs; proposed exterior lighting;
proposed construction materials; proposed door, window and facade
design details and colors; and photographs or drawings indicating
visual relationships to adjoining buildings and spaces in the historic
district.
D.
After its review and examination of the items submitted, and subsequent
to such further deliberations as it deems necessary, but within 45
days of the receipt of the application and accompanying items for
review, unless the time period is extended as mutually agreed upon
by the Planning Department and the applicant, the Planning Department
shall issue a favorable recommendation to the Building Director or
Chairman of the Board of Appeals only if it finds that the proposal
or modification thereof is, in fact, appropriate to the character,
appearance and efficient functioning of the historic district. When
the recommendation is for denial, the Planning Department shall state
the reasons given for such recommendation.
[Amended 5-8-2007 by L.L. No. 5-2007]
E.
In an historic district, no permit shall be issued to erect or alter
a building, structure or sign or to move or demolish a building, structure
or sign in such manner as to change the outside dimensions or exterior
appearance unless and until a recommendation has been received by
the Planning Department. Likewise, no special use permit or variance
shall be granted by the Board of Appeals until a recommendation by
the Planning Department has been received.
F.
Demolition permits.
(1)
No permit shall be issued for demolishing all or part of a building
or structure within an historic district until the Planning Department
has reviewed such demolition permit application and its potential
effect upon said historic district.
(a)
If the Planning Department finds that preservation is physically
or economically unfeasible, it shall recommend in favor of issuing
such demolition permit.
(b)
If preservation is found to be physically or economically feasible,
the Planning Department shall take or encourage the taking of whatever
steps appear most likely to lead to such preservation, either on the
site on which the building or structure is located or on another site
to which it might appropriately be removed.
(2)
Within six months from the date of referral of application for a
demolition permit, unless the owner of the property agrees to an extension
of the time period or unless means acceptable to the owner have been
found to preserve the building or structure, the Planning Department
shall give its recommendation to the Building Director, who shall
thereupon be authorized to act upon such application.
[Amended 5-8-2007 by L.L. No. 5-2007]
G.
In such instances where the Planning Department shall recommend more
or less restrictive regulations than those authorized in this chapter,
in the Town Subdivision Regulations[1] and in other Town ordinances, in order to accomplish the
purpose of this chapter, the Town Board, Planning Board, Building
Director and the Board of Appeals shall be empowered to adopt and
enforce such more or less restrictive regulations.
[Amended 5-8-2007 by L.L. No. 5-2007]
H.
Any person aggrieved by any decision of the Planning Department or
Building Director under this chapter may appeal such decision to the
Board of Appeals in the same manner as is provided for zoning appeals;
and the Board of Appeals, after proceeding in the same manner as is
provided for zoning appeals and with the same power and authority
vested in said Board of Appeals, when passing upon appeals before
it, under the provisions of Town Law, may reverse, modify or affirm
the decision of the Planning Department or Building Director.
[Amended 5-8-2007 by L.L. No. 5-2007]
[Amended 5-8-2007 by L.L. No. 5-2007]
Nothing in this chapter shall be construed to prevent the ordinary
maintenance or repair of any exterior architectural feature of any
structure included within an historic district which does not involve
a change in design, material, color or outer appearance thereof nor
to prevent any environmental change which the Building Director or
Inspectors shall certify is required by public safety because of an
unsafe or dangerous condition.
Whenever a site designated as or within an historic district
is destroyed or its exterior is altered to such an extent that it
ceases to have historic significance, the Town Board may direct, by
resolution, that it be removed from the Town Zoning Map as an historic
district. Prior to taking such action, however, the owner shall be
given written notice of such proposed action and an opportunity to
be heard thereon before the Town Board.
This chapter shall not apply to any environmental change which
shall occur prior to the date on which the structure involved is effectively
included within an historic district.
