[Amended 8-12-2003 by L.L. No. 63-2003[1]; 4-12-2005 by L.L. No. 13-2005; 8-9-2005 by L.L. No. 40-2005]
A.
The Town Landmarks and Historic Districts Board is
hereby established. The Board shall consist of nine Town residents
to be appointed by the Town Board and, to the extent available in
the community, shall be representative of the entire Southampton Town
community and drawn from the following disciplines: architecture,
architectural history, archaeology, local history, law, historic preservation
and real estate. All members shall have demonstrated significant interest
in and commitment to the field of historic preservation or related
fields and shall have a known interest in historic, cultural, and
architectural development within the Town of Southampton. The Southampton
Town Historian shall serve as an ex-officio member of the Landmarks
and Historic Districts Board.
[Amended 10-11-2011 by L.L. No. 33-2011]
B.
Landmarks and Historic Districts Board members shall
serve for a term of three years, with the exception of the initial
term of one of the members which shall be one year, two for two years
and two for three years. Members may serve for more than one term.
[Amended 10-11-2011 by L.L. No. 33-2011]
C.
The Chairperson and Vice Chairperson shall be designated
by the Town Board. Such designation shall expire at the end of each
year. In the absence of the Chairperson, the Vice Chairperson shall
serve as acting Chairperson. The designation of Chairperson and Vice
Chairperson may be withdrawn at the discretion of the Town Board.
[Amended 11-10-2015 by L.L. No. 29-2015]
D.
Administrative support for the Landmarks and Historic
Districts Board shall be provided by the Department of Land Management,
which shall also perform records management, prepare minutes and agendas,
and receive and distribute correspondence on behalf of the Board.
E.
The Landmarks and Historic Districts Board shall adopt
rules of procedure as it may deem necessary to the proper exercise
of its responsibilities.
[Amended 10-11-2011 by L.L. No. 33-2011]
F.
The mission
of the Landmarks and Historic Districts Board is to maintain the historic
character of the Town by promoting the preservation and protection
of its historic landscapes, settings, sites and structures.
[Added 11-10-2015 by L.L. No. 29-2015]
G.
The Landmarks and Historic Districts Board shall be
empowered to:
[Amended 10-11-2011 by L.L. No. 33-2011; 11-10-2015 by L.L. No. 29-2015]
(1)
Conduct surveys of significant historic, architectural
and cultural landmarks and historic districts within the Town.
(2)
Recommend the designation of significant historic,
architectural and cultural landmarks and the establishment of historic
districts to the Town Board.
(3)
Conduct research on the ownership and local
history of historic resources to evaluate the historic integrity of
properties being considered for landmark designation or under review
for demolition and/or alteration, including but not limited to site
visitations and communication with property owners.
(4)
Conduct site visits for building condition analysis
and/or photographic documentation purposes required for landmark and
historic district designations, baseline documentation reports, maintenance
award applications and demolition/alteration referrals from the Building
Division.
(5)
Compile baseline documentation reports for historic
preservation easement acquisitions in coordination with the Community
Preservation Department.
(6)
Increase public awareness of the value of historic,
architectural and cultural preservation by developing, implementing
and participating in public education programs.
(7)
Make recommendations to the Town Board concerning
the donation or acquisition of historic preservation easements, development
rights or other interests in real property as necessary.
(8)
Make recommendations to the Town Board concerning
the utilization of state or private funds to promote the preservation
of landmarks and historic districts within the Town of Southampton.
(9)
Recommend acquisition of a landmark structure by the
Town Board where its preservation is essential to the purposes of
this act and where private preservation is not feasible.
(10)
Make recommendations to the Town Board regarding
staff and professional consultants necessary to carry out the duties
of the Landmarks and Historic Districts Board.
(11)
Engage in opportunities for professional development.
(12)
Approve or disapprove applications for certificates
of appropriateness.
(13)
Submit advisory reports on historic or potentially historic resources to the Town Board, Zoning Board of Appeals, Planning Board, Architectural Review Board, Conservation Board, or any other Town department, providing historical background and/or information relevant to any application involving or within 200 feet of a potential or recognized historic structure, site, landscape, or setting within the Town, pursuant to § 330-321B(1)(a) through (f) and as defined in § 330-5. Nothing herein shall be construed to require a referral from any of the aforementioned boards, departments or entities to the Landmarks and Historic Districts Board other than as otherwise required by this chapter.
(14)
Submit reports to county, state and/or national
agencies regarding the historic merit of Town sites, settings, landscapes,
or structures upon request of the Town Board.
(15)
Develop potential incentives and programs to
encourage the designation, preservation and protection of the Town’s
historic resources for consideration by the Town Board.
(16)
Recommend site selection as Hamlet Heritage
Resource Areas.
(17)
Manage the Landmarks Maintenance Program under
the auspices of the Town Board and the Department of Land Management,
recommend project recipients, and recommend issuance of award checks,
for consideration by the Town Board.
H.
The Town Landmarks and Historic Districts Board Cultural
Resources Subcommittee is hereby established. The Cultural Resources
Subcommittee shall consist of at least three Town residents and may
include ex-officio members duly recognized by the Landmarks and Historic
Districts Board. All members shall have demonstrated significant interest
in and commitment to the field of historic preservation or related
fields and shall have a known interest in archaeology. The terms of
office of the members of the Cultural Resources Subcommittee shall
run concurrent with the terms of the Landmarks and Historic Districts
Board appointments, unless otherwise designated by the Landmarks and
Historic Districts Board.
[Added 8-12-2008 by L.L. No. 53-2008]
(1)
The Cultural Resources Subcommittee shall be
empowered to:
(a)
Research and identify possible historic or archaeologically
sensitive lands in the Town of Southampton.
(b)
Recommend a structured archaeological process
for the Town.
(c)
Make recommendations to the Town Board regarding
professional consultants necessary to carry out archaeological services.
(d)
Review and comment on archaeological reports
of sensitive lands in the Town.
(e)
Work closely with the Landmarks and Historic
Districts Board, the Planning Board, and the Town Board to make recommendations
regarding archaeologically sensitive lands in the Town, including
but not limited to potential burial grounds, sacred sites, and places
that may hold subsurface cultural resources.
[1]
Editor's Note: This local law also changed
the title of Art. XXVIII to add “and Heritage Resource Areas.”
[Amended 7-24-2001 by L.L. No. 26-2001; 10-11-2011 by L.L. No. 33-2011]
A.
All applications for the designation of a landmark or historic district
shall be available from and submitted to the Department of Land Management
and forwarded to the Landmarks and Historic Districts Board for review.
Upon a determination of completeness by the Landmarks and Historic
Districts Board, the Landmarks and Historic Districts Board shall
submit an advisory report to the Town Board and file same with the
Town Clerk.
B.
Upon the submission of an advisory report by the Landmarks and Historic
Districts Board, the Town Board may designate landmarks based on the
following criteria, after a public hearing in accordance with this
article and with the written consent of the property owner.
(1)
The Town Board may designate an individual property as a landmark
if it meets one or more of the following criteria:
(a)
Possesses special character or historic or aesthetic interest
of value as part of the cultural, political, economic or social history
of the locality, region, state or nation;
(b)
Is identified with historic personages or is the site of an
historic event in the Town, state, or nation;
(c)
Embodies the distinguishing characteristics of an architectural
type, period, or style or contains elements of design, details, materials
or craftsmanship which represent a significant innovation;
(d)
Is the work of a designer, engineer, builder, artist, or architect
whose work has significantly influenced an age;
(e)
Because of a unique location or singular physical characteristic,
represents an established and familiar visual feature of the neighborhood;
(f)
Qualifies for inclusion on the State or National Registers of
Historic Places.
(2)
The Town Board may designate a group of properties as an historic
district after a public hearing in accordance with this article if
it:
(a)
Contains properties which meet one or more of the criteria for
designation of a landmark; and
(b)
By reason of possessing such qualities, it constitutes a distinct
section of the Town of Southampton; and
(c)
Receives a petition indicating the consent of a minimum of 20%
of the property owners within the area to be designated.
[1]
Religious institutions: Upon application to the Town Board,
said Board may exclude a religious institution from an historic district.
For purposes of this subsection, a "religious institution" shall be
defined as such organization, association or corporation as complies
with the requirements set forth in §§ 420-a, 420-b
(nonprofit organizations), 460 and 462 of the New York Real Property
Tax Law and shall have tax-exempt status as determined by the Assessor
of the Town of Southampton.
[2]
School district properties: School district properties shall
be excluded from the formation of an historic district. For the purposes
of this subsection, said property shall be those properties that are
exempt from taxation pursuant to § 408 of the Real Property
Tax Law, and any amendments thereto, and that such property has tax-exempt
status as determined by the Assessor of the Town of Southampton.
C.
The boundaries of each historic district designated henceforth shall
be specified by a survey or map filed by the Landmarks and Historic
Districts Board in the Town Clerk's office.
D.
The Town Board shall refer all proposed designations to the Town
Planning Board for an advisory report prior to any action.
E.
Hearing; notice; actions during designation process.
(1)
The Town Board shall hold a public hearing prior to designation
of any landmark or historic district. As directed in the resolution
setting the hearing, notice of a proposed designation of property
as either an historic landmark or of its inclusion in an historic
district shall be sent by certified mail to the owner(s) of record
thereof by the Town Clerk, describing the property proposed and announcing
a public hearing by the Town Board to consider the designation. The
Town Board shall hold such a public hearing within 45 days of receipt
of an advisory report from the Landmarks Board regarding the proposed
designation. Notice shall be published in the official newspaper at
least 10 days prior to the date of the public hearing.
(2)
Once the Town Board has authorized the publication of a proposed
designation, no building permits for demolition may be issued for
a proposed landmark or a structure which constitutes a contributing
element of a proposed historic district and no building permits shall
be issued for substantial alterations or addition for a proposed landmark
or a structure which constitutes a contributing element of a proposed
district.
(3)
Nothing contained in § 330-321E(2) shall prohibit an owner of a property proposed for landmark designation or for inclusion in an historic district from applying for a certificate of appropriateness pursuant to this chapter although the designation process has not been completed.
(4)
The Town Board shall render a determination within 45 days of
the close of the public hearing and written record on the proposed
designation.
F.
At the public hearing, the Town Landmarks and Historic Districts
Board, owners and any interested parties may present testimony or
documentary evidence which will become part of a record regarding
the historic, architectural or cultural importance of the proposed
landmark or historic district. The Town Board may request any other
information it deems reasonable and necessary to make its determination.
The record may also contain staff reports, public comments or other
evidence offered outside of the hearing.
G.
The Town Board may adopt specific and unique criteria for the review
of certificates of appropriateness in a newly designated historic
district.
H.
The Town Clerk shall forward notice of each property designated as
a landmark and of the boundaries of each designated historic district
to the office of the Suffolk County Clerk for recording.
A.
Nothing in this article shall be construed to prevent
the ordinary maintenance and repair of any exterior architectural
feature of a landmark or property within an historic district which
does not involve a change in design, material, color or outward appearance.
B.
No person shall carry out any exterior alteration,
restoration, reconstruction, demolition, new construction or moving
of a landmark on property within an historic district, nor shall any
person make any material change in the appearance of such a property,
its light fixtures, signs, sidewalks, fences, steps, paving or other
exterior elements visible from a public street or alley, without first
obtaining a certificate of appropriateness from the Landmarks and
Historic Districts Board.
[Amended 10-11-2011 by L.L. No. 33-2011]
[Amended 10-11-2011 by L.L. No. 33-2011]
A.
In passing upon an application for a certificate of
appropriateness, the Landmarks and Historic Districts Board shall
not consider changes to interior spaces or consider changes to architectural
features that are not visible from a public right-of-way or alley.
B.
When reviewing plans relating to landmarks or properties
within an historic district, the Landmarks and Historic Districts
Board shall utilize and be guided by the Secretary of the Interior's
Standards for Rehabilitation and Guidelines for Rehabilitating Historic
Buildings, a copy of which shall be available in the office of the
Town Clerk, as well as the following principles:
(1)
Properties which contribute to the character of the
historic district shall be retained, with their historic features
altered as little as possible.
(2)
Any alteration of existing property shall be compatible
with its historic character, as well as with the surrounding district.
(3)
New construction shall be compatible with the district
in which it is located.
C.
In applying the principle of compatibility, the Landmarks
and Historic Districts Board shall consider the following factors:
(1)
The general design, character and appropriateness
to the property of the proposed alteration or new construction.
(2)
The scale of proposed alteration or new construction
in relation to the property itself, surrounding properties and the
neighborhood.
(3)
Texture, materials and color and their relation to
similar features of other properties in the neighborhood.
(4)
Visual compatibility with surrounding properties,
including proportion of the property's front facade, proportion and
arrangement of windows and other openings within the facade, roof
shape and the rhythm of spacing of properties on streets, including
setbacks.
(5)
The importance of historic, architectural or other
features to the significance of the property.
D.
The Landmarks and Historic Districts Board may establish
reasonable conditions for approval, including the following:
(1)
In an application for demolition, the documentation
of the building and site by photographs, drawings or other appropriate
means.
(2)
Prior to new construction, where warranted, the investigation
for cultural remains on site. Access to any resulting information
may be limited to protect archaeological sites.
A.
Prior to the commencement of any work requiring a
certificate of appropriateness, the owner(s) or authorized representative
shall file an application for such a certificate with the Department
of Land Management. The application shall contain:
(1)
Name, address and telephone number of applicant.
(2)
Authorization for owner's agent or representative.
(3)
Location, Tax Map designation and photographs of the
property clearly indicating all public views.
(4)
Elevation drawings showing existing conditions and
proposed changes, if warranted.
(5)
Perspective drawings, including relationship to adjacent
properties, if warranted.
(6)
Sample of color or materials to be used, if warranted.
(7)
Where the proposal includes signs or lettering, a
scale drawing showing the type of lettering to be used, all dimensions
and colors, a description of materials to be used, method of illumination
and a plan showing the sign's location on the property.
(8)
Any other information which the Board may deem necessary
in order to visualize the proposed work.
B.
Preliminary plans, elevations, sketches and/or proposals
may be submitted to the Landmarks and Historic Districts Board by
the applicant for a preapplication conference prior to filing an application
for a certificate of appropriateness.
[Amended 10-11-2011 by L.L. No. 33-2011]
C.
No building permit shall be issued for such proposed
work until a certificate of appropriateness has first been issued
by the Landmarks and Historic Districts Board. The certificate of
appropriateness required by this chapter shall be in addition to and
not in lieu of any building permit or other approval required by the
Town Code of the Town of Southampton.
D.
The Landmarks and Historic Districts Board shall approve
or deny, or approve with modifications, the application within 90
days from receipt of the completed application. The Landmarks and
Historic Districts Board may hold a public hearing on the application.
If the public hearing is held, public notice shall appear in the official
newspaper at least 10 days prior to the hearing, and information relative
to the public hearing shall be posted on the subject property by the
applicant.
[Amended 10-11-2011 by L.L. No. 33-2011]
E.
All decisions of the Landmarks and Historic Districts
Board shall be in writing and filed with the Town Clerk.
[Amended 10-11-2011 by L.L. No. 33-2011]
[Amended 10-11-2011 by L.L. No. 33-2011]
A.
After receiving written notification of a proposed designation of
property as either an historic landmark or of its inclusion in an
historic district or of the denial of a certificate of appropriateness,
an applicant may request hardship relief from the Zoning Board of
Appeals (the "Zoning Board"). No building permit or demolition permit
shall be issued unless the Zoning Board makes a finding that a hardship
exists.
B.
The Zoning Board shall hold a public hearing on the hardship application,
upon at least 10 days' notice in the official Town newspaper.
C.
The applicant shall consult in good faith with the Landmarks and
Historic Districts Board, local preservation groups and interested
parties in a diligent effort to seek an alternative that will result
in preservation of the property.
D.
All decisions of the Zoning Board shall be in writing and filed in
the office of the Town Clerk.
[Amended 10-11-2011 by L.L. No. 33-2011]
A.
A property owner seeking relief from landmark designation or inclusion
in an historic district or an applicant whose certificate of appropriateness
for a proposed demolition has been denied may apply for relief on
the ground of hardship. In order to prove the existence of hardship,
the applicant shall establish that:
(1)
The applicant cannot realize a reasonable return, provided that
lack of return is substantial as demonstrated by competent financial
evidence; and
(2)
The property cannot be adapted for any other use, whether by
the current owner or by a prospective purchaser, which would result
in a reasonable return; and
(3)
Efforts to find a purchaser interested in acquiring the property
and preserving it have failed; and
(4)
There is an absence of responsibility on behalf of the applicant
for any neglect of maintenance that may have contributed to the hardship;
and
(5)
Any difficulty asserted by the applicant is in no manner self-created.
B.
An applicant whose certificate of appropriateness for a proposed
alteration has been denied may appeal for relief on the ground of
hardship. In order to prove the existence of hardship, the applicant
shall establish that he cannot realize a reasonable return, provided
that lack of return is substantial as demonstrated by competent financial
evidence.
[Amended 10-11-2011 by L.L. No. 33-2011]
No owner or person with an interest in real
property designated as a landmark or included within an historic district
shall permit the property to fall into a serious state of disrepair
so as to result in the deterioration of any exterior architectural
feature which would, in the judgment of the Landmarks and Historic
Districts Board, produce a quantifiable detrimental effect upon the
character of the historic district as a whole or the life and character
of the property itself.
It shall be the duty of the Building Inspector
to administer and enforce the provisions of this article.
Violations of this article shall be subject to the penalties and procedures set forth in § 330-186 of this chapter.
A.
Any person aggrieved by a decision of the Zoning Board
of Appeals relating to hardship may apply to the Supreme Court for
review by a proceeding under Article 78 of the Civil Practice Law
and Rules.
B.
Any person aggrieved by any other decision of the
Landmarks and Historic Districts Board may apply to the Supreme Court
for review by a proceeding under Article 78 of the Civil Practice
Law and Rules.
[Added 8-12-2003 by L.L. No. 63-2003]
A.
Heritage resources are man-made objects at least 50
years old that are connected to human activity. These resources could
be any buildings used to house human or animal activities, i.e., homes,
sheds, garages, mills, barns, agricultural buildings, offices, schools,
churches, commercial and public-use buildings. It could be structures
such as bridges, canals, roads, docks, fences, monuments and sculptures.
It could also be burying grounds, trails, archaeological and commemorative
or historic sites. These resources, when grouped together, help convey
the special heritage of an area.
B.
Hamlet Heritage Resource Area is an honorary title
bestowed in recognition of the special character of a neighborhood,
hamlet or area. It honors the properties and the community that has
cherished its historic heritage. Properties selected as hamlet heritage
resources retain the same current Town rights, uses or regulations.
Properties selected as part of Hamlet Heritage Resource Areas are
not designated as Town landmarks or Town historic districts. The Hamlet
Heritage Resource selection is for honorary purposes only.
[Added 8-12-2003 by L.L. No. 63-2003]
A.
Any person, organization or board of the Town of Southampton
may submit an application to the Town Clerk to nominate a man-made
object or group of Historic Resources for selection as a Hamlet Heritage
Resource Area.
B.
Copies of the application shall be forwarded by the
Town Clerk to the Department of Land Management, and the Landmarks
and Historic Districts Board for review. Upon a determination of completeness
by the Landmarks Board, the Department of Land Management and the
Landmarks and Historic Districts Board shall submit an advisory report
to the Town Board.
C.
In its advisory report to the Town Board, the following
criteria will be considered for selection of a Hamlet Heritage Resource
Area by the Landmarks and Historic Districts Board:
D.
The Town Board may schedule a public hearing on the
proposed nomination of a Hamlet Heritage Resource Area or publish
a notice of complete application and written comment period. A public
hearing is not required.
E.
Upon receipt of the Landmarks and Historic Districts
Board's advisory report, the Town Board may consider a resolution
approving the site selection as a Hamlet Heritage Resource Area.
F.
Upon selection as a Hamlet Heritage Resource Area,
the description and the location of the man-made object or group of
historic resources so selected as a Hamlet Heritage Resource Area
shall be listed in a directory entitled "Heritage Resource Areas"
to be maintained by the Landmarks and Historic Districts Board. Said
directory shall be maintained on file in the Department of Land Management
and the office of the Town Clerk.