[HISTORY: Adopted by the Town Board of the
Town of New Castle 7-28-2009 by L.L. No. 9-2009[1]. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 46.
Building construction administration — See Ch. 48.
Zoning — See Ch. 60.
Subdivision of land — See Ch. 113.
[1]
Editor's Note: This local law also repealed former Ch. 76,
Historic Preservation, adopted 3-10-1992 by L.L. No. 4-1992, as amended.
It is hereby declared as a matter of public policy that the
protection, enhancement and perpetuation of historic properties is
necessary to promote the economic, cultural, educational and general
welfare of the public. Historic properties are defined as buildings,
structures, sites, objects, or other features that represent or reflect
significant elements of the Town's cultural, social, economic,
political and architectural history. The Town is authorized to enact
a local law pursuant to Municipal Home Rule Law § 10 and
General Municipal Law § 96-a to effect and accomplish the
protection, enhancement and perpetuation of such historic properties,
in order to safeguard the Town's historic, aesthetic and cultural
heritage; to stabilize and improve property values; to ensure the
harmonious, orderly and efficient growth in development of the Town;
to foster civic pride in the accomplishments of the past; to protect
and enhance the Town's attractiveness to visitors; and to provide
an educational service to the community.
A.
Jurisdiction and purpose. To effectuate the goals of this chapter,
there is hereby created in and for the Town of New Castle the Landmarks
Advisory Committee (hereinafter the "Committee").
B.
Composition and selection.
(1)
The members of the Committee shall be appointed by the Town Board.
The Committee shall consist of five members, all of whom shall be
Town residents. One member shall be the Town Historian. All members
shall have a known interest in historic preservation and architectural
development within the Town of New Castle.
(2)
The Committee members shall serve three-year terms, except that initially
two members shall be appointed for three-year terms, two for two-year
terms and one member for a one-year term.
(3)
The Chairman and Vice Chairman of the Committee shall be appointed
by the Town Board.
(4)
Vacancies shall be filled by the Town Board.
C.
Powers and duties. The Committee shall investigate, document and make recommendations, in its discretion, to the Town Board to designate historic properties as New Castle landmarks, pursuant to § 76-3 herein. The Committee shall provide written reports concerning the historic character of designated New Castle landmarks and recommendations for their preservation. The Committee shall also review plans and provide written comments to the Building Inspector for any application involving the proposed moving, exterior construction, alteration, removal or demolition of a New Castle landmark.
(1)
The Committee, in carrying out the aforementioned duties, shall have
the power to:
(a)
Employ staff and professional consultants, if necessary to carry
out the duties of the Committee, to the extent that funds are appropriated
and available therefor.
(b)
Promulgate rules and regulations as necessary for the conduct
of its business as set forth in this chapter.
(c)
Adopt criteria for the identification of significant historic,
architectural and cultural structures, sites and areas.
(d)
Conduct surveys, in consultation with public or private agencies,
if appropriate, of buildings for the purpose of determining those
of historic, architectural or cultural significance and pertinent
facts about them.
(e)
Identify structures or resources as historic properties and
possible New Castle landmarks.
(f)
Increase public awareness of the value of historic, architectural
and cultural preservation by developing and participating in public
information programs.
(g)
Make recommendations to the Town of New Castle concerning the
utilization of state, federal or private funds to promote the preservation
of landmarks and historic properties within the Town.
(h)
Formulate and publish recommendations concerning the preparation
of maps, brochures and historical markers for designated historic,
architectural and cultural landmarks, landmark sites and historic
properties.
(i)
Advise owners of historical buildings on problems and benefits
of preservation and restoration; assist owners of historical buildings
with preservation plans and activities and provide advice as to recommended
restoration or choice of appropriate materials, as compatible with
the historic nature of the landmark, landmark site and/or historical
property and the intent of this chapter.
D.
The Committee shall meet at least semiannually, but meetings may
be held at any time on the written request of any two of the Committee
members or on the call of the Chairman or the Town Board.
E.
A majority of the Committee shall constitute a quorum for the transaction
of its business or the performance of its functions, and the concurring
vote of a majority of those constituting a quorum shall be necessary
for the adoption of any recommendations or other acts of the Committee.
A.
The Town Board and the Committee, with the concurrence of the owner(s),
may designate any historic property, including any building, structure,
site, or object constituting a physical betterment of real property
or any part of such betterment, a New Castle landmark if it:
(1)
Possesses special character of historic or aesthetic interest or
value as part of the cultural, political, economic or social history
of the Town, region, state or nation;
(2)
Is identified with historic personages;
(3)
Embodies distinctive characteristics of a type, period, or method
of construction, or possesses unique architectural and artistic qualities;
(4)
Is the work of a designer or master whose work has significantly
influenced an age; or
(5)
Because of a unique location or singular physical characteristic,
represents an established and familiar visual feature of the neighborhood.
B.
Notice of a proposed designation shall be sent by mail to the owner
of the property proposed for designation, describing the property
and action to be taken and requesting the owner's written consent
to the designation. Forty-five days following the mailing of the notice
the Town Board shall schedule a public hearing at the next available
Town Board meeting to consider the designation.
C.
The Town Board shall hold a public hearing prior to designation of
any historic property as a New Castle landmark. The Committee, owners,
and any interested parties may present testimony or documentary evidence
at the hearing, which will become part of a record regarding the historic,
architectural or cultural importance of the proposed New Castle landmark.
The record may also contain staff reports, public comments or other
evidence offered outside of the hearing.
D.
The Town Board shall file notice of each historic property designated
as a New Castle landmark, including the boundaries of the historic
property, in the office of the Town Clerk.
E.
Within 10 days following the adoption of a resolution establishing
a New Castle landmark, the landmark shall be recorded on the Official
Map of the Town and will indicate the portions of the land embracing
the New Castle landmark.
F.
A New Castle landmark designation may be amended or rescinded in
the same manner as the original designation.
G.
Any designation made under this chapter shall be in full force and
effect from and after the date of filing the notice in the Town Clerk's
office.
A.
No building, structure, site, or other element relating to the exterior
features of a designated New Castle landmark shall be constructed,
altered, moved or demolished except in compliance with the requirements
set forth in this section and all other applicable laws of the State
of New York, County of Westchester, and Town of New Castle.
B.
The Committee shall review all plans for the moving, construction,
alteration, or demolition of any element relating to the exterior
features of a designated New Castle landmark.
(1)
It shall be the duty of the Committee to review such plans and provide
written comments before a building permit for the proposed activity
is granted by the Building Inspector or, if Town agency approval is
required, prior to approval of any application by appropriate Town
agencies, such as the Zoning Board of Appeals, Planning Board, or
Architectural Board of Review.
(2)
The Committee shall only review plans relating to the exterior features
of a structure or building and shall have no jurisdiction to consider
interior walls, arrangements or structures.
C.
Additions or alterations to buildings or structures located wholly
or partly within designated New Castle landmarks should be consistent
with, or appropriate to, the materials and styles of the particular
architectural period associated with said buildings or structures.
Additions or alterations should also be compatible in scale with the
original buildings or structures and should leave them visible and
intact to the greatest extent possible.
D.
Procedure for the review of plans.
(1)
Application for a permit to construct, alter, move or demolish any
element relating to the exterior features of a New Castle landmark
shall be made to the Building Inspector, who shall confirm that the
property is currently designated as a New Castle landmark. The application
shall state that the property is a New Castle landmark. Plans and
photographs shall be submitted showing the existing element, its relation
to adjacent structures or buildings, and the construction, alteration,
moving or demolition proposed.
(2)
The Building Inspector shall transmit the application and the plans
to the Committee.
(3)
The Committee shall then review the plans according to the provisions
of this chapter. In reviewing the plans, the Committee may confer
with the applicant or his authorized representative.
(4)
The Committee shall provide written comments within 45 days after
receiving the application and said plans and shall transmit these
comments to the Building Inspector. The Building Inspector will, in
turn, transmit the Committee's written comments to the applicant
and to the appropriate Town agencies, such as the Zoning Board of
Appeals, Planning Board, and Architectural Board of Review. If the
Committee fails to act within 45 days of its receipt of the application
and plans, the application shall be deemed to have met the requirements
under this section. The forty-five-day review period may be extended
by mutual consent of the applicant and the Committee, with notice
to the Building Inspector. The Building Inspector shall promptly notify
any appropriate Town agencies, such as the Zoning Board of Appeals,
Planning Board, and Architectural Board of Review, of the agreed-upon
extended review period.
(5)
The Building Inspector shall not grant a building permit, and there
shall be no final decision by the Zoning Board of Appeals, Planning
Board or Architectural Board of Review, on an application for property
designated as a New Castle landmark until at least 45 days have elapsed
from the date the application and plans are received by the Committee
or, if applicable, after the agreed-upon extended review period.
(6)
Nothing in this section shall be construed to prevent ordinary maintenance
or repair, with appropriate materials, of any element of a New Castle
landmark.
E.
This chapter shall not apply in any case where the Building Inspector
or any authorized Town enforcement agency orders or directs the construction,
removal, alteration or demolition of any element of a New Castle landmark
for the purpose of remedying conditions determined to be unsafe or
dangerous to the life, health or property of any person.
Every owner of a New Castle landmark shall maintain it in good
order and repair.
The Town Board, Zoning Board of Appeals, Planning Board, Architectural
Board of Review and Building Inspector shall take into consideration
the historic significance of any designated New Castle landmark, including
consideration of written comments and oral testimony by the Committee
submitted to those agencies, prior to granting approvals of applications
involving or affecting such a property.
In reviewing such applications, the aforementioned agencies
shall consider, to the extent permitted by law, the following:
A.
Whether any construction, alteration, moving, or demolition of existing
properties would be compatible with its historic character, as well
as with the surrounding area.
B.
In applying the principle of compatibility, the aforementioned agencies
may consider the following factors:
C.
The general design, character and appropriateness to the New Castle
landmark of any proposed alteration or new construction;
D.
The scale of the proposed alteration or new construction in relation
to the New Castle landmark itself, to surrounding properties, and
to the neighborhood;
E.
Visual compatibility with surrounding properties, including the proportion
of the property's front facade and the rhythm of spacing of properties
on streets, including setback; and
F.
The importance of architectural or other features to the historic
significance of the property.
A.
In accordance with Real Property Tax Law § 444-a, a New
Castle landmark shall be exempt from taxation to the extent of any
increase in value attributable to the alteration or rehabilitation
of such New Castle landmark pursuant to the following schedule:
|
Year of Exemption
|
Percent of Exemption
| |
|---|---|---|
|
1
|
100%
| |
|
2
|
100%
| |
|
3
|
100%
| |
|
4
|
100%
| |
|
5
|
100%
| |
|
6
|
80%
| |
|
7
|
60%
| |
|
8
|
40%
| |
|
9
|
20%
| |
|
10
|
0%
|
B.
No such exemption shall be granted for such alterations or rehabilitation
unless:
C.
Such exemption shall be granted only by application of the owner
or owners of such New Castle landmark on a form prescribed by the
State Board of Equalization and Assessment. The application shall
be filed with the Assessor of the Town on or before the Town's
taxable status date.
D.
Such exemption shall be granted where the Assessor is satisfied that the applicant is entitled to an exemption pursuant to this section. The Assessor shall approve such application, and such property shall thereafter be exempt from taxation and special ad valorem levies as herein provided commencing with the assessment roll prepared on the basis of the taxable status date referred to in Subsection C herein. The assessed value of any exemption granted pursuant to this section shall be entered by the Assessor on the assessment roll with the taxable property, with the amount of the exemption shown in a separate column.
