[HISTORY: Adopted by the Board of Trustees of the Village
of Northport 2-2-2010 by L.L. No. 2-2010. Amendments noted where
applicable.]
GENERAL REFERENCES
Board of Architectural and Historic review — See Ch. 13.
Historic districts — See Ch. 16.
Building construction — See Ch. 106.
Unsafe buildings and structures — See Ch. 114.
Property maintenance — See Ch. 223.
Zoning — See Ch. 306.
Board of Architectural and Historic Review rules and regulations — See Ch. A311.
A.
It is the intention of the Board of Trustees of the Incorporated Village of Northport to enact legislation to preserve the Village's heritage and character by establishing a policy which will protect, enhance and perpetuate the exterior of historic buildings in all zoning districts except Central Business A and B Zoning Districts, which are subject to historic review as set forth in Chapter 14. The Board finds that such regulation will enhance the cultural, educational, economic and general welfare of the public, and ensure the harmonious, orderly and efficient growth and development of the Village and neighborhoods within the Village, consistent with Northport's unique heritage and character.
B.
The Board intends that the review and approval of historic buildings
by the Board of Architectural and Historic Review be prompt, fair,
and not unduly burdensome to property owners and allows informal discussion
before final plans are submitted.
C.
This chapter creates a two-step review process:
(1)
Historic determination to determine whether a building meets the
historic criteria and, if so, is therefore considered an historic
building.
(2)
If there has been a positive determination under historic determination
or if there has been an historic designation by other jurisdictions
such as New York State, whether the proposed alteration or demolition
meets the criteria of historic plan review.
D.
The first step, historic determination, is required only for buildings
that are at least 100 years old and then only for improvements to
the exterior of the building that require a building permit or a demolition
permit. Therefore, the legislation does not apply to such work as
painting and door/window modernization. Furthermore, even where a
building permit is required, review may be waived if the proposed
work is minor and has no impact on the appearance of the building
and is an in-kind replacement.
E.
Modem substitutes of historic materials are allowed if they maintain
the historic appearance and character of the structure. Under some
circumstances hardship exceptions, partial tax relief, and emergency
review are possible. Any property owner may voluntarily request a
review, even in the absence of any planned work. A property owner
is not required to file a covenant on any property found to be historic.
F.
The legislation also allows a property owner to defer historic determination under § 15-4 by voluntarily submitting proposed plans to the Board of Architectural and historic review for review under historic plan review pursuant to § 15-6, without waiving any rights to object to historic determination if they are not satisfied with the historic plan review process at any time. The Board of Architectural and historic review will determine whether the plans and building qualify for the partial property tax exemption set forth in § 15-11.
G.
These reviews and any related review by the Board of Architectural
and Historic Review required of a nonresidential property by the Village
Code may be combined into one public hearing.
For the purposes of this chapter, the following words and phrases
shall have the following meanings.
Only exterior work on a building that requires a building
permit or demolition permit.
Any structure designed for the housing or enclosure of persons or property of any kind, including an accessory building as defined in § 306-5 of the Village Code.
The destruction of the exterior of a building, in whole or
in part, whether or not the foundation is also destroyed pursuant
to the requirements of a duly issued demolition permit.
A building which the Board of Architectural and Historic
Review has determined is subject to historic plan review pursuant
to this chapter or which meets the definition of landmark.
The review by the Board of Architectural and Historic Review
of applications for demolition permits or building permits for work
related to the exterior of buildings that are 100 years old or more
to determine whether such buildings meet the historic criteria and
are therefore to be considered historic buildings which are subject
to historic plan review, or the review performed at the voluntary
request of a property owner for such determination in the absence
of an application for a demolition permit or building permit.
The review of applications for demolition permits or building
permits for work related to the exterior of buildings that have been
found to be historic buildings pursuant to this chapter.
A style recognized by one of the following organizations
or by any other organization generally recognized as expert in historic
preservation of buildings, sites and landmarks:
The National Register of Historic Places.
Historic American Buildings Survey.
Historic American Engineering.
Division for Historic Preservation, New York State Office of
Parks and Recreation.
National Trust for Historic Preservation.
Society of Architectural Historians.
Society for Preservation of Long Island Antiquities
Any building that is listed on either the National or the
New York State Register of Historic Places or the equivalent registers,
if any, maintained by the County of Suffolk or the Town of Huntington.
A map to be prepared and maintained by the Board of Architectural
and Historic Review, the Village Historian, the Village Building Inspector
and Code Enforcement Officer(s) and such other persons as may be designated
by the Mayor, identifying the location of all landmarks, landmark
sites and historic districts, buildings and properties.
Any building that is lawfully devoted to nonresidential use,
in whole or in part.
A person or business entity having an ownership interest
in and to a parcel of land.
Deterioration of any structural feature of a building so as to create a hazardous and unsafe condition, which may result in a claim that demolition, in whole or in part, is necessary to protect the public safety. See also existing Chapter 114, Buildings and Structures, Unsafe.
The application of partial tax exemption as provided for in Real Property Tax Law § 444-a, as approved by the Tax Assessor of the Village of Northport pursuant to § 15-11 herein.
This chapter applies only to buildings that are 100 years old
or more. Therefore, no demolition or building permit may be issued
for any such building, unless an application to demolish or to make
alterations for which a building permit is required has first been
approved by the Board of Architectural and Historic Review as follows:
A.
All complete applications for a building permit or demolition permit for all buildings that the Building Inspector determines to be 100 years old or more, or a letter of intent that contains such information and supporting documentation as the Building Inspector shall reasonably require, shall be referred to the Board of Architectural and Historic Review, which shall determine whether the building meets the criteria of § 15-4A. In making the determination of the age of the building, circa dates determined by reputable authority, which shall include the circa dates as recorded in the building inventory survey of the Village of Northport, shall be a sufficient basis upon which to determine the age of a building for the purposes of this chapter. A positive determination that the building is historic requires that the proposed demolition or other alteration for which a building permit is required undergo historic plan review pursuant to this chapter. If the property owner objects to such positive determination, the Board shall schedule a public hearing on the application to be held as soon as practicable but in no event later than 60 days from the time the application is complete as determined by the Board Chairman, unless the applicant requests a later date. Upon conclusion of the public hearing, the Board shall make a written determination within 30 days whether historic plan review is required applying the criteria set forth in § 15-4 of this chapter. If it makes a negative determination finding that historic plan review is not required, then it shall grant authorization to demolish and/or make the proposed alterations, subject to such code requirements that otherwise apply and shall not require historic plan review under this chapter. Nothing contained in such authorization shall be construed to waive any other code or other lawful requirements. The Board shall grant the property owner reasonable requests to adjourn and/or continue the public hearing for the purpose of submitting relevant and material evidence for the Board's consideration.
B.
The positive or negative determination of the Board of Architectural and Historic Review regarding whether historic plan review under this chapter is required shall be final and binding for all present and future applications to demolish or make alterations for which a building permit is required unless newly discovered evidence is presented which the Board finds warrants a reconsideration based upon the quality and the relevance of the evidence or unless this chapter is amended, in which case the provisions of such amendment shall apply, and subject to the right of the property owner to file a hardship application as provided for in § 15-8 herein. Changes to the exterior of a building made in accordance with approvals previously granted by the Board of Architectural and Historic Review shall not be used to support any claim of newly discovered evidence.
C.
A property owner may consent to historic plan review at the time they submit an application for a building or demolition permit. Such consent shall be made in a form as prescribed by the Board of Architectural and Historic Review. A property owner may also make a voluntary request for a positive determination absent any application for a building or demolition permit. In such case, the Board shall determine whether the building satisfies the criteria set forth in § 15-4 herein. If such determination is made, the property shall thereafter be subject to historic plan review under this chapter.
D.
In making the determination whether historic plan review is required,
the Board of Architectural and Historic Review shall receive such
evidence as any interested party may wish to submit. In the event
the Board determines that it requires independent expert review, it
may authorize same. The fee of such expert shall be paid by the Village.
E.
In the event the Board of Architectural and Historic Review finds that historic plan review pursuant to this chapter is required, it shall thereafter apply the standards set forth in § 15-6 to determine whether to grant, deny, or conditionally grant an application for a permit to demolish or make alterations to the building(s) and property which was the subject of such determination by the Board.
F.
The Board of Architectural and Historic Review has discretion to
combine any public hearings it may hold pursuant to a single building
or demolition permit application, including hearings on the following:
G.
The Village shall take such measures as appropriate to ensure that
a permanent record is maintained of historic buildings. These measures
may include, but shall not be limited to, maintaining an official
list of such properties and buildings, along with a copy of the Board's
determination and a description of the buildings to which this restriction
applies, and updating assessment records, building cards, and related
records.
A.
The Board of Architectural and Historic Review shall determine if
a building that is 100 years old or more is required to be subject
to historic plan review based upon the criteria set forth in this
subsection. The Board may make such finding if any one of the following
factors are applicable and furthers the purpose of this chapter. In
making such determination, unless the property owner requests and
consents to historic plan review and the buildings satisfy the criteria
set forth below, the Board must find that the subject building is
at least 100 years old and that substantial evidence supports the
finding that historic plan review is required with respect to the
specific building in issue. A property owner may waive the 100 year
old requirement when voluntarily seeking to be subject to historic
plan review and may also request historic determination in the absence
of an application for a building permit or demolition permit. To be
the subject of historic plan review, the Board of Architectural and
Historic Review must make findings based upon substantial evidence
that the building:
(1)
Possesses special character or historic or aesthetic interest or
value as part of the cultural, political, economic, or social history
of the Village, region, state, or nation; or
(2)
Is identified with historic personages or is the site of an historic
event in the Village, region, state or nation; or
(3)
Embodies the distinguishing characteristics of a type, period, style,
or method of architecture or engineering; or
(4)
Is the work of an important builder, designer, artist or architect
whose work has significantly influenced an age; or
(5)
Because of its unique location or singular physical characteristics,
represents an established and familiar visual or aesthetic feature
of the neighborhood; or
(6)
Is significant for containing elements of design, details, materials
or craftsmanship which represent a significant innovation; or
(7)
Has special historical significance to the Village of Northport,
Town of Huntington, County of Suffolk, State of New York, or the United
States of America, by reason of famous events or the antiquity or
uniqueness of architectural construction or design; or
(8)
Will promote the public health, safety and/or general welfare if
determined to be subject to historic plan review under this chapter;
or
(9)
Will preserve or enhance Village property and/or neighborhood property
values, heritage, character, or quality, if determined to be subject
to historic plan review; or
(10)
Is listed on either the National or the New York State Register of
Historic Places or the equivalent registers, if any, maintained by
the County of Suffolk and/or the Town of Huntington; or
(11)
Possesses an historic style of architecture.
B.
A building that has been determined to be subject to historic plan review under this chapter shall be entitled to a partial tax exemption as provided for in § 15-11 herein pursuant to Real Property Tax Law § 444-a. This partial tax exemption shall be effective only for so long as the subject building remains subject to historic plan review under this chapter, as may be amended by the Board of Trustees from time to time. A property owner is not required to file a covenant to be eligible for this partial tax exemption. Furthermore, in the event a court of competent jurisdiction finds that a violation of this chapter has occurred, then the Board of Trustees may reduce or eliminate the partial tax exemption based upon the degree and time period of the violation. At least 10 days' notice of action pursuant to this subsection shall be given to the affected property owner.
C.
A subcommittee of the Board of Architectural and Historic Review
together with such other persons as the Mayor may designate from time
to time shall be established to meet with applicants upon request
to facilitate the application and review process.
D.
The Board of Architectural and Historic Review may recommend approval
of variance applications to the Zoning Board of Appeals to the extent
the requested variance(s) will further the goals of this chapter and
where an historic building that has been substantially demolished
is being rebuilt consistent with its historic character as approved
by the Board of Architectural and Historic Review and its proposed
location is either desired for historic purposes or is substantially
the same as where it existed prior to the substantial demolition.
The Zoning Board of Appeals is required to follow the recommendation
of the Board of Architectural and Historic Review provided such determination
is consistent with the Zoning Board's statutory mandates under
New York State Village Law.
E.
The Chairman of the Board of Architectural and Historic Review, or
the Vice Chairman in the event of the unavailability of the Chairman,
is empowered to waive historic plan review where he finds that the
proposed work is minor and will have no impact on the historic appearance
of the building and constitutes an in-kind replacement. Such waiver
shall be in writing and signed.
No person shall carry on any exterior alteration, demolition, or new construction or moving of a building that is 100 years old or more, and that meets the definition of historic building, for which a building and/or demolition permit is required, without first obtaining a permit from the Board of Architectural and Historic Review, unless historic plan review has been waived pursuant to § 15-4E:
A.
No work shall be commenced and no Village official shall grant, issue
or release a demolition permit or a building permit to alter the exterior
of any building that is 100 years old or more, and that meets the
definition of historic building, unless a permit has been granted
by the Board of Architectural and Historic Review. The permit required
in this chapter shall be in addition to and not in lieu of any building
or demolition permit or other approval required by applicable local,
state and federal laws, rules, regulations and ordinances.
B.
Nothing contained in this section is intended to prohibit the construction,
reconstruction, maintenance, repair, alteration, improvement or rehabilitation
of public highways, streets, roads, walkways, sidewalks, bridges,
culverts, sewer and drainage facilities, water facilities and other
public property by Village, town, county, state and/or federal agencies
or utility companies. In addition, nothing contained herein shall
be construed to limit the property owner's ability to make any
changes or improvements that do not require a building or demolition
permit and any interior changes or improvements whether or not such
work requires a building and/or demolition permit.
C.
Nothing contained in this section is intended to prevent changes
to the interior of a building or is intended to prevent ordinary maintenance
and such repairs as do not change an exterior architectural feature,
the exterior design, material, or outward appearance of an improvement
to a building which has been determined to be required to submit to
historic plan review under this chapter, except as otherwise required
by this Code.
D.
This section is not intended to prevent the construction, reconstruction, restoration, rehabilitation, repair, alteration or demolition of any part of an existing exterior feature, or facade which, in the opinion of the Building Inspector and/or the Fire Marshal, presents an immediate safety hazard and requires an immediate emergency repair to preserve the structure or to safeguard the health and safety of its occupants or other persons (see also existing Chapter 114, Buildings and Structures, Unsafe). The term "emergency repair" shall not include major replacements/repairs, and is limited to the work necessary to stabilize the building or to protect the safety of occupants or the public. No additional work is to be performed until a required permit has been requested by the applicant and granted by the Board of Architectural and Historic Review and all other required approvals and permits are obtained.
E.
Nothing in this chapter is intended to relieve a property owner from
obtaining a building or demolition permit or other approvals required
by local, state and/or federal law, rules, regulations and ordinances.
The work performed shall be in compliance with all applicable requirements.
F.
The Chairman of the Board of Architectural and Historic Review, or
the Vice Chairman in the event of the unavailability of the Chairman,
is empowered to waive historic determination or historic plan review,
if the building was previously judged historic or is in an historic
district, where he finds that the proposed work is minor and will
have no impact on the historic appearance of the building and constitutes
an in-kind replacement. Such waiver shall be in writing and signed.
G.
Nothing in this chapter is intended to prevent the installation of
any externally mounted device that is meant to capture or make use
of solar photovoltaic power, solar thermal energy, or other form of
solar power, even when a building permit is required, if the device:
(1)
Requires piercing the building's shell only to the extent necessary
to securely mount the device upon the building and to allow for the
conduction of electricity, water, or other energy-carrying medium
to the building's interior; and
(2)
Remains outside the building's shell except for the minimal piercing described in Subsection G(1), and does not itself replace any portion of the roof. Further, the Chairman of the Board of Architectural and Historic Review, or the Vice Chairman in the event of the unavailability of the Chairman, shall waive historic plan review (or historic plan review, if the building was previously judged historic or is in an historic district) concerning the solar power device where he finds that the proposed installation meets these two criteria. Such waiver shall be in writing and signed.
Following the procedures set forth below in § 15-9, the Board shall make written findings granting, denying or granting with conditions the application for a permit to demolish and/or make alterations which require a building permit to buildings that are subject to historic plan review under this chapter. Such determination shall be based upon a consideration of the following factors as they relate to the historic significance of the building:
A.
The impact of the proposed changes on the special character or historic,
architectural, engineering, cultural or aesthetic interest or value
of the structure or site and/or the surrounding properties and/or
structures, including other properties and structures within the zoning
district in which the subject structure/property is located;
B.
The general design, character and appropriateness to the property
of the proposed action;
C.
The scale of the proposed construction or alteration in relation
to the property itself, surrounding properties and the neighborhood;
D.
Whether the proposed construction or alteration is visually compatible
with the textures and materials of the facade and roof of the historic
portion of the building or structure, and with its historic architectural
style, proportion, scale and configuration;
E.
The legally permitted use of the property and of the buildings therein;
F.
In the event of an application to raze or demolish, in whole or in
part, a building subject to this chapter, the Board shall, in addition
to the foregoing, consider the structural condition and the economic
feasibility of alternatives to the proposal; and the importance to
the Village and the extent to which its special character or architectural,
engineering, cultural, historic or aesthetic interest or value is
such that its removal would be detrimental to the public interest
or its retention would benefit the community;
G.
The applicant shall use such materials in the construction or alteration
of a building as the Board determines are reasonable under all of
the circumstances. However, the Board must allow all applicants to
use modern materials of similar design and texture in lieu of original,
authentic-style materials if the historic appearance and character
of the building can be maintained. Applicants may elect to use original,
authentic-style materials in all cases.
H.
Historic features and historic facades should be altered as little
as possible.
I.
All alterations must be consistent in style, texture, scale and proportion
with the historical features of the building.
J.
No approved or unapproved alterations made subsequent to the adoption
of this chapter can be used in the future as a reason to support a
finding that an historic structure is no longer historic.
K.
The Board shall consider the impact of the proposed construction,
alteration or demolition upon nearby properties that are subject to
historic plan review pursuant to this chapter.
L.
Any building found to be subject to historic plan review may be referred
to as a landmark by the property owner at his or her discretion.
M.
Repairs to any portion of a building shall be permitted with original
or like materials and original methods of construction, to the extent
permitted by Chapter 10, Historic Buildings, and Chapter 2, Definitions,
of the 2007 existing Building Code of New York State or its successor
code.
A.
No owner or person with an interest in any historic building or any
building that is at least 100 years of age, whether it has already
received historic plan review or not, shall intentionally and knowingly
or with reckless disregard cause such building to fall into a serious
state of disrepair, which is defined as the deterioration of any structural
feature of a building so as to create a hazardous and unsafe condition,
which may result in a claim that demolition, in whole or in part,
is necessary to protect the public safety.
B.
An owner or person with an interest in any historic building or any
building that is at least 100 years of age, who intentionally and
knowingly or with reckless disregard causes such building to fall
into a serious state of disrepair shall be in violation of this section
and shall be required to restore the building to its appearance prior
to the violation.
A.
The Board of Architectural and Historic Review must consider the hardship to a property owner in making all determinations under this chapter, including but not limited to imposing the historic plan review requirement; denying in whole or in part a request to demolish or make alterations to a building subject to historic plan review; and revoking or modifying a prior determination made by the Board under this chapter. The Board must conduct a public hearing on notice as provided for in § 15-8 on all requests for relief based upon hardship. A separate public hearing on a request for this relief does not have to be held if this request is considered at a duly noticed public hearing regarding the same building.
B.
With respect to a request to revoke or modify a determination made by the Board under this chapter, the petitioner shall demonstrate that there has been a substantial change in one or more of the factors set forth in §§ 15-4 and 15-5 and/or that the requirement that the building undergo historic plan review under this chapter has created an unreasonable hardship as set forth in § 15-8. Revocation and/or modification of a determination, in whole or in part, shall be reserved for rare instances where change, not attributable to any deliberate conduct on the part of the owner or purchaser, has made continued historic plan review inconsistent with the purposes of this chapter and has worked an unreasonable hardship upon such owner or purchaser.
C.
A property owner may claim hardship in order to oppose a finding
that historic plan review under this chapter is required for one or
more of the buildings on a property. A property owner(s) may also
claim hardship with respect to a request to demolish or make alterations
to any buildings on such property. The hardship claim can be made
regarding an entire application or with respect to specific features
of a proposal to alter the building. The burden is upon the property
owner to establish the existence of hardship by providing evidence
of the following to the satisfaction of the Board of Architectural
and Historic Review:
(1)
With respect to commercially zoned properties, the property is incapable
of earning a reasonable return, regardless of whether the return represents
the most profitable return possible. The property owner shall provide
dollars-and-cents proof to demonstrate that the claim of hardship
is well founded; with respect to residentially zoned properties, that
the building cannot be renovated in compliance with the historic design
criteria of this chapter without a substantial loss in value; and
(2)
The property can not be adapted for any other use permitted by the
Zoning Ordinance in the zoning district in which the property is located,
whether by the current owner or by a purchaser, which would result
in a reasonable return; and
(3)
Good faith efforts to find a purchaser interested in acquiring and
preserving the property and its structure(s) have failed.
(4)
That the claimed hardship did not result from a self-created hardship
or the property owner's failure or neglect without reasonable
excuse to maintain and/or repair the building.
A.
A written request as required under this chapter, including for a determination of whether historic plan review is required, for a permit to demolish or make alterations to a building subject to historic plan review, to revoke or modify any prior determinations made by the Board of Architectural and Historic Review under this chapter, and/or for relief based upon hardship shall be filed in the Office of the Village Clerk. Eight copies of each of the following shall be filed: the written request; the current deed to the property; a survey with all existing buildings on the property certified by a licensed surveyor; architectural plans with respect to proposed renovations. For all commercially zoned properties also see Chapter 13, Architectural and Historic Review, Board of, and Chapter A311, Board of Architectural and Historic Review Rules and Regulations, of this Code. The Board may waive any of these requirements for good cause. The Village Clerk shall retain one copy and shall forthwith forward all other copies to the Board of Architectural and Historic Review. In the event the property owner objects to being subject to historic plan review or seeks relief from any of the requirements under this chapter, the Board shall schedule a public hearing to be held within 60 days of receipt of a completed application and thereafter issue a determination in compliance with the relevant requirements of this chapter. The property owner shall have the right to present evidence in support of the request.
B.
Notice of any public hearing required under this chapter shall be published in the issue of the official newspaper of the Village, and in such other manner as the Board of Architectural and Historic Review may direct, preceding the date of such hearing. The cost of said publication shall be borne by the applicant, which shall be paid in full prior to publication, in accordance with the procedures set forth in Northport Code § 147-4. The failure to pay the required fee shall toll the time period for the scheduling of the public hearing. Applicants shall serve personally or by mail a written notice setting forth the nature and substance of the application and the time and place of the hearing at which the application shall be heard by the Board upon all owners of property shown on the current assessment rolls of the Village of Northport any part of which is located within 500 feet of the building to which the application relates. A second distribution of said notice shall be addressed to "Occupants" of said properties. Such notice shall be served by mail not less than 10 days or by personal service not less than seven days prior to the date of the hearing, and proof of proper service, in affidavit form, shall be submitted to the Board by the applicant at or prior to the hearing. The subject property shall be posted with a notice of the public hearing for the five days immediately preceding the public hearing.
C.
Within 60 days of filing of a determination of the Board of Architectural
and Historic Review that historic plan review is required pursuant
to this chapter, or a determination under historic plan review, an
aggrieved party may file a written appeal to the Board of Trustees
by filing same with the Village Clerk. This appeal is limited to the
record made before the Board of Architectural and Historic Review.
No new evidence shall be permitted to be submitted to or considered
by the Board of Trustees, which may affirm or remand the determination
to the Board of Architectural and Historic Review to reconsider based
upon the written determination of the Board of Trustees. This appeal
shall be by submission only, except that an aggrieved party may request
permission to make an oral argument to the Board of Trustees, which
has discretion to grant or deny this request, which request shall
be made in writing at the time of the filing of the appeal. All written
submissions to the Board of Trustees must be filed no later than 60
days from the date of filing of the determination of the Board of
Architectural and Historic Review appealed from. Upon filing with
the Village Clerk of a written determination by the Board of Trustees
which affirms the determination appealed from, an aggrieved party
may commence an Article 78 proceeding in accordance with the Civil
Practice Law and Rules. In the event the Board of Trustees remands
the determination, then the aggrieved party must exhaust administrative
remedies and appeals prior to commencement of an Article 78 proceeding.
D.
A determination by the Board of Architectural and Historic Review
to approve an application shall be considered as evidence in support
of an application regarding the same premises and same project to
any other board. Nothing contained herein shall affect the obligation
or option any board of the Village may have to provide comments or
recommendations to another board as elsewhere provided in the Village
Code or as otherwise provided for in state or local law. Where relevant,
the boards are strongly encouraged to provide comments to each other
regarding simultaneously pending applications for the same premises.
E.
Where a proposed construction, demolition or alteration requires
approvals from more than one board, the applicant may apply simultaneously
for approval from the Board of Architectural and Historic Review,
the Board of Zoning Appeals and/or the Planning Board. Copies of all
applications shall be provided to all boards whose approvals are required.
The Board of Architectural and Historic Review is not required to
approve an application on the basis of a variance granted by the Board
of Zoning Appeals or approval of the Planning Board where the Board
of Architectural and Historic Review finds that such a plan of development
does not satisfy historic plan review requirements as set forth in
this chapter.
F.
The Board shall protect the privacy rights of any applicants'
financial information and records that are submitted in connection
with any application.
G.
Upon request of an applicant who is required to obtain the approval
of two or more Village boards, the Mayor shall designate a Village
official or employee to assist the applicant in the processing and
expediting of the various applications and approvals required from
the Village.
Any property owner, including properties containing buildings that are 100 years old or more, may defer historic determination pursuant to § 15-4 by voluntarily submitting plans for the exterior alteration of a premises for which a building permit is required to the Board of Architectural and Historic Review pursuant to § 15-6. A property owner who is not satisfied with the results of historic plan review may appeal to the Board of Trustees following the procedure set forth in § 15-9C. If a property owner is not satisfied with the results of this process, then he/she may at any time object to historic determination under the criteria set forth in § 15-4 and pursuant to the procedures set forth in § 15-9. The buildings of a property owner who opts for voluntary plan review will not be recorded in Village records as historic buildings unless consented to by the property owner. Alterations to buildings which undergo historic plan review shall be eligible for partial real property tax exemption pursuant to § 15-11 if determined to qualify for the exemption by the Board of Architectural and historic plan review.
A.
Pursuant to § 444-a of the Real Property Tax Law of the
State of New York, the Board of Trustees of the Village of Northport,
after due consideration, has provided for a partial real property
tax exemption for qualified alterations and rehabilitation and/or
reconstruction of certain historic real property not to exceed the
amounts specified therein. No exemption shall be granted for such
alterations or rehabilitation or reconstruction unless each of the
following has been met:
(1)
Such building has been found to be subject to historic plan review
by the Board of Architectural and Historic Review or the property
owner has consented to such review and the Board determines that the
property meets the criteria for being an historic building;
(2)
Alterations or rehabilitation are consistent with the character of
the historic building;
(3)
Such alterations or rehabilitation or reconstruction of the historic
building are approved by the Board of Architectural and Historic Review
prior to commencement of work;
(4)
The alterations or rehabilitation or reconstruction must otherwise
result in an increase in the assessed valuation of the real property;
and
(5)
Alterations or rehabilitation or reconstruction are commenced subsequent
to the effective date of this article.
B.
In the event an historic building is substantially demolished due
to fire or other act of nature not caused by the property owner, the
reconstruction of such building consistent with its historic character
as reviewed and approved by the Board of Architectural and Historic
Review shall qualify for the partial tax exemption, but in no event
shall the assessment for the taxes to be paid be less than the assessment
that existed prior to the substantial demolition.
C.
Such historic building shall be exempt from taxation to the extent
of any increase in value attributable to such alteration or rehabilitation
pursuant to the following schedule:
|
Year of Exemption
|
Percentage of Exemption
| |
|---|---|---|
|
1
|
100%
| |
|
2
|
100%
| |
|
3
|
100%
| |
|
4
|
100%
| |
|
5
|
100%
| |
|
6
|
80%
| |
|
7
|
60%
| |
|
8
|
40%
| |
|
9
|
20%
| |
|
10
|
0%
|
D.
Application for exemption; approval.
(1)
The exemption may be granted only upon application of the owner or
owners of such historic building on a form prescribed by the New York
State Office of Real Property Services, or any successor agency.
(2)
The application must be filed with the Assessor on or before the
appropriate taxable status date.
(3)
The exemption shall be granted where the Assessor is satisfied that
the applicant is entitled to an exemption pursuant to this section.
E.
All of the terms, conditions and exceptions as set forth in § 444-a
of the Real Property Tax Law of the State of New York, as amended,
are adopted herein unless otherwise specified, as though fully set
forth within this article.
In the event that there is the need for immediate repairs and/or
renovations to a building subject to historic determination or historic
plan review, by reason of imminent threat to life and safety or for
other significant reasons as determined by the Chair of the Board
of Architectural and Historic Review or, in his or her absence, the
Vice Chair, then an emergency meeting of the Board shall be called,
and those Board members in attendance shall be authorized to grant
permission for those alterations, renovations and/or other improvements
that are necessary to meet the immediate threat or need, whether or
not a quorum is present for such meeting. In the event the threat
is so imminent that there is insufficient time to call a meeting,
then the Chair or Vice Chair can authorize permission for those alterations,
renovations and/or other improvements that are necessary to meet the
immediate threat or need and can waive any of the requirements of
this chapter.
A.
No person, firm or corporation, including but not limited to owner(s),
occupant(s), contractor(s) or agents, employees or representatives
of same, shall demolish, construct, reconstruct or alter any building
within the territorial limits of the Village of Northport if the demolition
or building permit application for such work has been referred to
the Board of Architectural and Historic Review for its approval unless
and until said Board has approved such application and a building
permit or demolition permit has been issued by the Building Inspector
and all other legal requirements have been satisfied.
B.
All work performed pursuant to a permit issued under this chapter
shall conform to any requirements included therein. It shall be the
duty of the Building Inspector or other authorized Village employee
to inspect periodically any such work to assure compliance. In the
event work is found that is not being performed in accordance with
the permit, the Village official is authorized to take all lawful
enforcement action including the issuance of a stop-work order directing
the immediate cessation of all work. No further work shall be undertaken
on the project so long as a stop-work order is in effect.
C.
Each violation of this chapter shall be punishable by a fine of not
more than $1,000, and a separate offense shall be deemed committed
on each day during or on which a violation occurs or continues. In
addition to such fine, the violator shall pay all costs and expenses
incurred by the Village in proving such violation.
D.
The Building Inspector or any other enforcement officer of the Village
of Northport may place a stop-work order on any violation discovered
during the demolition, construction/building process. The Building
Inspector or any other enforcement officer of the Village may at any
time refuse to issue, or revoke, a certificate of occupancy for the
building constructed or being constructed on the site in violation
of this chapter until the applicant or other responsible person has
taken the remedial measures set forth in the notice of violation or
has otherwise cured the violations described therein.
The owner of the building and any person who demolishes, alters,
constructs, or permits a building subject to this chapter to fall
into a serious state of disrepair in violation of this chapter shall
be required to restore the property and its site to its appearance
prior to the violation, if directed to do so by the Board of Trustees,
which shall make such determination at a public hearing where substantial
evidence establishes that a violation as described herein occurred.
Ten days' notice of the public hearing shall be made by written
notice to the property owner and occupant and by publication in the
official newspaper of the Village. Any action to enforce this section
shall be brought by the Village Attorney. The Village shall be entitled
to recover the costs of such civil action, including reasonable attorney's
fees, if it prevails in such action by settlement or court determination.
This civil remedy shall be in addition to and not in lieu of any criminal
prosecution and penalty.
There shall be no fee for applications pursuant to this chapter.
