[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 review in all zoning districts except Central Business A and Central Business B Districts — See Ch. 15.
Building construction — See Ch. 106.
Property maintenance — See Ch. 223.
Zoning — See Ch. 306.
Board of Architectural and Historic Review rules and regulations — See Ch. A311.
A.
The Board of Trustees of the Incorporated Village of Northport finds
that the conservation, protection and preservation of distinct geographic
areas within the Village is in harmony with and will promote and enhance
the cultural, educational, economic and general welfare of the public,
will preserve and enhance property values, and will ensure the harmonious,
orderly and efficient growth and development of these distinct areas
and of the Village as a whole, consistent with its unique heritage
and character.
B.
In response to the findings in § 16-1A above, the Board of Trustees of the Incorporated Village of Northport declares that it is their intention to enact legislation that would permit property owners in a section or area of the Village to petition to have a defined geographical area designated as an historic district, requiring all buildings in that district, regardless of age, for which a building permit or demolition permit has been applied, to undergo the same review procedures as required under § 15-6 of the Code.
C.
The Board intends that those property owners who petition for an
historic district designation shall have the burden of establishing
the merit of such designation pursuant to standards set forth in this
chapter and as referenced in other chapters of this Code. The first
step is to file a petition with the Village Clerk as described in
this chapter signed by at least a majority of the property owners
in a proposed district. A public hearing will then be scheduled before
the Board of Architectural and Historic Review which shall make a
recommendation to the Board of Trustees. A majority vote of the Board
of Trustees is required to establish an historic district under this
chapter.
D.
As is the case with Chapter 15, Historic Plan Review of properties in a duly established historic district is required only for improvements to the exterior of the building that require a building permit or demolition permit. Therefore, the legislation does not apply to such work as painting and door/window replacement or interior alterations. Furthermore, even where a building permit or demolition permit is required, review can be waived if the proposed work is minor and has no impact on the appearance of the building and constitutes an in-kind replacement. Modern 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. Historic designation by other jurisdictions, such as New York State, is recognized. A property owner is not required to file a covenant on any property found to be historic.
For the purposes of this chapter and to the extent applicable, the definitions set forth in Chapters 14 and 15 shall apply, in addition to the following:
A building that either has been determined by the Board of Architectural and Historic Review to be a historic building, or one which, while not meeting a criterion set forth in § 15-4 of this Code for an historic building, nevertheless contributes to the overall visual characteristics of the proposed historic district.
A designated area, small or large, which contains within
definable geographic boundaries one or more historic buildings and
which may have within its boundaries contributing buildings.
The Board of Trustees may designate any area containing buildings
as an historic district if the area:
A.
Contains one or more properties with one or more buildings that have
previously been determined by the Board of Architectural and Historic
Review to be historic buildings and said area contains one or more
additional properties with one or more contributing buildings; and
B.
By reason of possessing such qualities, it constitutes a distinct
section of the Village; and
C.
The Board of Architectural and Historic Review has recommended such
designation after holding a public hearing on notice to all affected
properties.
The Board of Trustees may designate an historic district, subject
to the following procedures:
A.
Petition by property owners.
(1)
Property owners may petition the Board of Trustees to designate a
defined geographic area in the Village that meets the definition of
an historic district by filing a petition in a form approved by the
Village Attorney in the office of the Northport Village Clerk if signed
by a majority of the property owners in the proposed district. All
property owners of record must sign for the property to be counted
towards calculating whether a majority of property owners have signed
the petition. Each property owner petitioning the Board for a proposed
district shall submit a copy of the latest deed to his/her own property
within the district. The petitioners shall mail a complete copy of
the petition and all attachments, if any, to all property owners within
the proposed district who have not signed the petition. Proof of mailings,
in affidavit form, shall be submitted to the Village Clerk at the
time of the filing of the petition. The Village Clerk shall provide
a copy of the proof of mailing to the Secretary of the Board of Architectural
and Historic Review.
(2)
The petition shall include the complete names and addresses of all
property owners signing the petition. Next to each name shall be the
date of signing. The petition shall also include the street addresses
of all other properties located within the proposed district and identify
the street addresses of the historic buildings and contributing buildings.
Any one page of the petition may be carried by only one individual.
The carrier of a page shall sign and date the bottom of the petition
page to attest that each signature was written by the person and that
the street address and date of signing are correct.
(3)
Additional materials to be submitted with the petition shall include
a legal description (property boundaries as contained in the deed)
of all properties proposed to be included in the district, together
with a copy of the tax map of the area, obtained from the Village
Clerk, shaded or outlined to show the area to be included in the proposed
district and shaded or outlined in a distinguishable manner to show
the properties that contain historic buildings, together with photographs
of each of the buildings proposed to be included, to the extent same
is obtainable without trespassing upon private property without the
permission of the owner, and any other relevant documents or materials.
Failure to include any such documents or materials with the petition
shall not preclude the petitioners from submitting same at the public
hearing or at such other time as the Board of Architectural and Historic
Review may require.
B.
The Village Clerk shall, within five business days of such filing,
forward a copy of the petition and its attachments to each member
and the Secretary of the Board of Architectural and Historic Review
for their review and evaluation. The Village Clerk shall also forward
a copy of the petition and attachments to each member of the Board
of Trustees, Planning Board, Board of Zoning Appeals, the Building
Inspector and the Code Compliance Officer and request that the same
provide any comments, in writing, to the Board of Architectural and
Historic Review prior to the scheduled public hearing. Thereafter,
the following procedure shall be followed:
(1)
Upon receipt of a petition, the Board of Architectural and Historic Review shall schedule a public hearing on notice to all recipients of the mailing described in § 16-4A, as well as all signatories of the petition, at Village expense, in substantial compliance with the applicable procedures set forth in Chapters 13, 14 and 15. The petitioners shall have the burden of submitting evidence in support of the petition. The Board may continue the public hearing on additional hearing dates as necessary to hear all relevant public comment and receive all relevant information.
(2)
In the event the Board of Architectural and Historic Review votes
to disapprove the petition to create an historic district, such determination
shall be in writing and shall include findings and the basis for this
determination which shall be final upon filing with the Village Clerk,
who shall cause a copy to be mailed to all property owners within
the proposed district. In the event a majority of the Board of Architectural
and Historic Review votes to approve a petition, the Board shall submit
its written findings and recommendations to the Board of Trustees
and the Village Clerk, who shall mail a copy of such findings and
recommendations to all property owners in the proposed district. The
Board's findings and recommendations shall include a report on
the testimony and evidence received at the hearing and the basis for
the Board's determination. The Board's report shall be advisory
in nature. The following factors shall be considered by the Board
of Architectural and Historic Review:
(a)
The age of the buildings proposed to be included within the proposed district and one or more of the 4factors set forth in § 15-4; and
(b)
The general condition of the buildings located in the proposed
historic district; and
(c)
The relationship to each other of the buildings proposed to
be included within the historic district and why they collectively
meet the definition of an historic district; and
(d)
The extent of the hardship such designation would create for the property owner(s). This determination shall be for specific properties upon the request of the owners of those properties, using the same procedure and criteria as established in § 15-8 of this Code. Failure to request a hardship determination or receipt of a negative determination shall not preclude the property owner from seeking another determination at a later date when filing an application for a building permit or demolition permit.
(3)
The findings and recommendations of the Board of Architectural and
Historic Review and its complete record shall be available for inspection
by members of the public in the office of the Village Clerk during
business hours.
(4)
In the event of a disapproval determination by the Board of Architectural and Historic Review, any petitioner may make a written request to the Board of Trustees that a public hearing pursuant to this section nevertheless be held to consider whether or not to approve the historic district. The written request shall state the reasons why the petitioner disagrees with the disapproval determination. The Board of Trustees shall decide whether or not to grant the request within 30 days of receipt of same. If the Board of Trustees grants the request, it shall schedule a hearing and proceed in accordance with the requirements of this section set forth in Subsections B through F herein.
C.
The Board of Trustees shall schedule a public hearing on a petition for designation of an historic district to be held within 60 days of receipt of the Board of Architectural and Historic Review's findings and recommendations with regard to the proposed historic district. Notice and the procedures for the public hearing shall be the same as generally applicable for public hearings before the Board of Trustees. Notice of a public hearing shall be mailed to all recipients of the mailing described in § 16-4B(1). The petitioners shall have the burden of presenting the evidence in support of the petition. The entire record of the Board of Architectural and Historic Review shall be admitted into the record before the Board of Trustees by reference thereto. The Board of Trustees may on its own motion call witnesses, including architects, engineers, planning consultants or other experts, and may consider such other evidence it deems necessary or advisable at the public hearing.
D.
In determining whether or not to designate a new historic district, the Board of Trustees shall consider the factors listed in § 15-4, the testimony of the property owners within the proposed district; the testimony of any expert presented by any property owners within the proposed district; the findings and recommendations of the Board of Architectural and Historic Review (The Board's report is advisory in nature and the final decision is reserved to the Board of Trustees); any other relevant information or evidence submitted before the Board of Architectural and Historic Review or submitted at the hearing before the Board of Trustees.
E.
Within 30 days of the conclusion of the public hearing, the Board
of Trustees shall render its decision on the proposed designation.
The Board of Trustees may extend the period in which to act for one
additional thirty-day period.
F.
The decision of the Board of Trustees shall be filed in the office
of the Village Clerk and shall be final and binding for all present
and future petitions concerning the proposed historic district, unless
this article is amended, in which case the provisions of the amendment
shall apply, or if, in the opinion of the Board of Architectural and
Historic Review or the Board of Trustees, substantial new information
warrants a reconsideration. The Board's decision shall be forwarded
by the Village Clerk to the owners of all properties located within
the proposed historic district by regular mail within 14 days of the
Board of Trustees' decision.
G.
The Board of Trustees' designation of historic districts and its
boundaries shall be clearly and accurately set forth in the property
and building records of the Village.
I.
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 or she 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 work shall be commenced for which a building permit or demolition
permit is required and no building permit, demolition permit or other
approval shall be granted, issued or released to construct, reconstruct,
repair, restore, rehabilitate, renovate, alter, change, demolish,
raze or move any building located within a proposed historic district
from the date of filing of a petition in the office of the Village
Clerk to the date a final decision is rendered by the Board of Trustees;
and if no decision is rendered, until the expiration of 90 days from
the date of the close of the public hearing, unless otherwise extended
by the Board of Trustees, provided, however, that the Board of Trustees
or Board of Architectural and Historic Review may at any time during
the moratorium authorize an exemption from this moratorium, provided
that the property owner submits a written request, which shall include
a detailed description of the specific work to be done and the reasons
why the exemption would not violate the goals of establishing the
proposed historic district. The Board shall vote at a duly noticed
public meeting. Approval of an exemption from this moratorium shall
not relieve the applicant from any other required applications and
reviews provided for in this code.[1]
[1]
Editor’s Note: Former § 16-6, Sunset provision,
which immediately followed this section, was repealed 12-6-2011 by
L.L. No. 5-2011.
