[HISTORY: Adopted by the Board of Trustees
of the Village of Southampton 11-25-1986 by L.L. No. 6-1986; amended in its entirety 1-12-2023 by L.L. No. 2-2023. Subsequent amendments noted where applicable.]
A.
The purpose of this chapter is to promote the general welfare by
providing for the identification, protection, enhancement, perpetuation,
and use of buildings, structures, signs, features, improvements, sites,
and areas within the Southampton Village that reflect special elements
of the Southampton Village's historical, architectural, cultural,
economic or aesthetic heritage for the following reasons:
(1)
To foster public knowledge, understanding, and appreciation in the
beauty and character of the Village and in the accomplishments of
its past;
(2)
To ensure the harmonious, orderly, and efficient growth and development
of the Southampton Village;
(3)
To enhance the visual character of the Village by encouraging new
design and construction that complements the Southampton Village's
historic buildings;
(4)
To protect and promote the economic benefits of historic preservation
to the Southampton Village, its inhabitants and visitors;
(5)
To protect property values in the Southampton Village;
(6)
To promote and encourage continued private ownership and stewardship
of historic structures;
(7)
To identify as early as possible and resolve conflicts between the
preservation of historic landmarks/districts and alternative land
uses; and
(8)
To conserve valuable material and energy resources by ongoing use
and maintenance of the existing built environment.
B.
The Board of Trustees recognizes that the workings of the Board of
Architectural Review and Historic Preservation (BARHP) and the processes
as described in this chapter are often of a unique character. As such,
the requirements and definitions included in this chapter are to be
followed, notwithstanding any other conflicting language within the
Village Code.
C.
ACQUISITION
ADDITION
APPROPRIATE
ARCHITECTURAL SIGNIFICANCE
BUILDING
BUILDING INSPECTOR
CERTIFICATE OF APPROPRIATENESS
CERTIFICATE OF ECONOMIC HARDSHIP
CHANGE
CHARACTER
COMPATIBLE
CONSTRUCTION
CONTRIBUTING RESOURCE
DEMOLISH
DEMOLITION PERMIT
EVALUATION
EXTERIOR ALTERATION
EXTERIOR ARCHITECTURAL FEATURES
FEATURE
HISTORIC CONTEXT
HISTORIC DISTRICT – LOCAL
HISTORIC FABRIC
HISTORIC INTEGRITY
HISTORIC PROPERTY
HISTORIC RESOURCE
HISTORIC RESOURCES SURVEY
(1)
(2)
HISTORIC SIGNIFICANCE
INVENTORY
LANDMARK
LISTING
MAINTAIN
MINOR WORK
MOVE
NATIONAL REGISTER OF HISTORIC PLACES
NONCONTRIBUTING
OBJECT
OWNER
PERIOD OF SIGNIFICANCE
PRESERVATION
PREVENTATIVE MAINTENANCE
PROPERTY TYPE
REHABILITATION
REPAIR
RESTORATION
RETAIN
REVERSIBLE
SCENIC LANDMARK
SECRETARY OF THE INTERIOR'S STANDARDS FOR THE TREATMENT
OF HISTORIC PROPERTIES
SIGNIFICANT
SITE
STABILIZATION
STRUCTURE
STYLE
UNDERTAKING
Definitions. As used in this chapter, the following words and phrases
have the following meaning:
The act or process of acquiring fee title or other interest
in real property, including acquisition of development rights or remainder
interest.
Any construction, act, or process that changes or increases
one or more of the exterior architectural features of a building or
structure by adding to, joining with or increasing the size or capacity
of the building or structure in terms of lot coverage, height, length,
width, or gross floor area.
Especially suitable or compatible.
The quality of a building or structure based on its date
of erection, style and scarcity of same, quality of design, design
by a significant architect of note, present condition and appearance,
or other characteristics that embody the distinctive characteristics
of a type, period or method of construction.
A structure with a roof supported by columns, posts or walls.
The person, or his or her designee, authorized and certified
to enforce the New York State Uniform Fire Prevention and Building
Code. The person, or his or her designee, who is also authorized by
the Southampton Village Trustees to enforce this chapter, except where
another official is expressly authorized.
A determination issued by the Southampton BARHP stating that
the proposed work on a property within the Historic District or a
designated historic landmark is compatible with the historic character
of the property and the Historic District and thus in accordance with
the provisions of this chapter and therefore: (1) the proposed work
may be completed as specified in the certificate; and (2) the Southampton
Village's departments may issue any permits needed to do the
work specified in the certificate.
An official form issued by the BARHP when the denial of a
certificate of appropriateness has deprived, or will deprive, the
owner of the property of all reasonable use of, or economic return
on, the property.
Any alteration, demolition, removal or construction involving
any property subject to the provisions of this chapter.
Defined by form, proportion, structure, plan, style or material.
"General character" refers to ideas of design and construction such
as basic plan or form. "Specific character" refers to precise ways
of combining particular kinds of materials.
In harmony with location, context, setting, and historic
character.
The act of making an exterior alteration that changes the
appearance of an existing structure, constructing an addition to an
existing structure, or the erection of a new principal or accessory
structure on a lot or property.
Any building, structure, object or site within the boundaries
of the district that contributes to its historic or cultural associations,
designed by a noted architect, historic architectural qualities or
archaeological qualities of a historic district.
Any act or process that removes or destroys in whole or in
part a building, structure, or resource.
A permit issued by the building official allowing the applicant
to demolish a building or structure or a part thereof, after having
received a certificate of demolition approval from the Board.
The process by which the significance and integrity of a building, structure, object, or site is judged by an individual who meets the professional qualification standards published by the National Park Service at 36 CFR Part 61 as determined by the State Historic Preservation Office, using the designation criteria outlined in § 65-3 of this chapter.
Any change to a structure not involving an addition, that
is visible from the outside of the structure, including a change in
exterior materials or color, fenestration design, and any change to
window and door openings.
The architectural style, design, general arrangement and
components of all of the outer surfaces of any building or structure.
Elements embodying the historical significance or architectural
style, design, general arrangement and components of all of the exterior
surfaces of any landmark or historic resource, including, but not
limited to, the type of building materials, and type and style of
windows, doors, or other elements related to such landmark or historic
resource.
A unit created for planning purposes that groups information
about historic properties based on a shared theme, specific time period
and geographical area.
An area designated as a historic district by this historic
preservation Chapter, and which contains within definable geographic
boundaries a significant concentration, linkage or continuity of sites,
buildings, structures, or objects united historically or aesthetically
by plan or physical development. An historic district designated under
this chapter shall not to be construed as a zoning district of the
Southampton Village, and nothing contained herein shall be construed
as authorizing the BARHP to adopt a law, by-law or regulation that
regulates or limits the height and bulk of buildings, regulates and
determines the area of yards, courts and other open spaces, regulates
density of population or regulates or restricts the locations of trades
and industries or creates zoning districts for any such purpose.
Original or old building materials (masonry, wood, metals,
marble) or construction.
The retention of sufficient aspects of location, design,
setting, workmanship, materials, feeling or association for a property
to convey its historic significance.
A district, site, building, structure, or object significant
in American history, architecture, engineering, archeology, or culture
at the national, state, or local level.
Any evaluated building, structure, object, or site that potentially meets the designation criteria outlined in § 65-3.
The process of systematically identifying, researching, photographing,
and documenting historic resources within a defined geographic area;
and
The resulting list of evaluated properties that may be consulted
for future designation.
|
For the purpose of this chapter, all surveys shall be conducted
in accordance with the Secretary of the Interior's Standards
and Guidelines for Identification and Evaluation, as may be amended.
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The quality of a place, site, building, district or structure
based upon its identification with historic persons or events in the
Southampton Village. Integrity: The authenticity of a property's
historic identity, evidenced by the survival of physical characteristics
that existed during the property's historic or prehistoric period.
Interior Landmark: Interior landmarks are noted for the portions of
their interior that are open to the public.
A list of historic properties determined to meet specified
criteria of significance.
Any building, structure or site that has been designated as a "landmark" by the BARHP pursuant to procedures described in § 65-3 that is worthy of preservation, restoration or rehabilitation because of its historic or architectural significance.
The formal entry or registration of a property.
To keep in an existing state of preservation or repair.
Any change, modification, restoration, rehabilitation, or
renovation of the features of an historic resource that does not materially
change the historic characteristics of the property.
Any relocation of a building or structure on its site or
to another site. National Register Criteria: The established criteria
for evaluating the eligibility of properties for inclusion in the
National Register of Historic Places.
The official inventory of the nation's historic properties,
districts, sites, districts, structures, objects and landmarks which
are significant in American history, architecture, archaeology, and
culture, maintained by the Secretary of the Interior under the authority
of the Historic Sites Act of 1935 and the National Historic Preservation
Act of 1966 (16 U.S.C. § 470 et seq., 36 CFR 60, 63, as
may be amended).
A feature, addition or building, structure, object or site
which does not add to the sense of historical authenticity or evolution
of an historic resource or landmark or where the location, design,
setting, materials, workmanship, history, and/or association of the
feature, addition or building, structure, object or site has been
so altered or deteriorated that the overall integrity of that historic
resource or landmark has been irretrievably lost.
Constructions that are primarily artistic in nature or are
relatively small in scale and simply constructed. Although it may
be movable by nature or design, an object is associated with a specific
setting or environment. Examples include boundary markers, mileposts,
fountains, monuments, and sculpture. This term may include landscape
features.
Those individuals, partnerships, corporations, or public
agencies holding fee simple title to property, as shown on the records
of the Suffolk County Clerk of the Southampton Village.
The length of time when a property was associated with important
events, activities, or persons, or attained characteristics which
qualify it for landmark status. Period of significance usually begins
with a date when significant activities or events began giving the
property its historic significance; this is often a date of construction.
The act or process of applying measures necessary to sustain
the existing form, integrity, and materials of an historic property.
Work, including preliminary measures to protect and stabilize the
property, generally focuses upon the ongoing maintenance and repair
of historic materials and features rather than extensive replacement
and new construction. New exterior additions are not within the scope
of this treatment; however, the limited and sensitive upgrading of
mechanical, electrical, and plumbing systems and other code-required
work to make properties functional is appropriate within a preservation
project.
Any work to prevent deterioration or damage to the structural
integrity or any exterior feature of a landmark or historic resource
that does not involve a change in design, material or exterior appearance.
Such work includes, but is not limited to, painting, roof repair,
foundation or chimney work, or landscape maintenance.
A grouping of individual properties based on a set of shared
physical or associative characteristics.
The act or process of making possible a compatible use for
a property through repair, alterations, and additions while preserving
those portions or features of the property which convey its historical,
architectural and cultural values.
Acts of ordinary maintenance that do not include a change
in the design, material, form, or outer appearance of a resource,
such as repainting in the existing color. This includes methods of
stabilizing and preventing further decay, and may incorporate replacement
in-kind or refurbishment of materials on a building or structure.
The act or process of accurately depicting the form, features,
and character of a property as it appeared at a particular period
of time by means of the removal of features from other periods in
its history and reconstruction of missing features from the restoration
period. The limited and sensitive upgrading of mechanical, electrical,
and plumbing systems and other code-required work to make properties
functional is appropriate within a restoration project.
The act of keeping an element, detail or structure and continuing
the same level of repair to aid in the preservation of elements, sites,
and structures.
An addition which is made without damage to the project's
original condition.
Scenic landmarks encompass structures that are not buildings,
such as bridges, piers, parks, cemeteries, sidewalks, clocks, and
trees.
Principles developed by the National Park Service (36 CFR
68.3, as may be amended) to help protect historic properties by promoting
consistent preservation practices and providing guidance to historic
building owners and building managers, preservation consultants, architects,
contractors, and project reviewers on how to approach the treatment
of historic properties. The Secretary of the Interior Standards for
the Treatment of Historic Properties may also be referred to in this
chapter as "Secretary of the Interior's Standards."
Having particularly important associations with the contexts
of architecture, history and culture.
The location of a significant event, a prehistoric or historic
occupation or activity, or a building or structure, whether standing,
ruined or vanished, where the location itself maintains historical
or archaeological value regardless of the value of any existing buildings,
structures or other objects. Examples of a site are a battlefield,
designed landscape, trail, or camp site.
The act or process of applying measures designed to reestablish
a weather resistant enclosure and the structural stability of an unsafe
or deteriorated property while maintaining the essential form as it
exists at present.
Any assemblage of materials forming a construction framed
of component structural parts for occupancy or use, including buildings.
A type of architecture distinguished by special characteristics
of structure or ornament and often related in time; also a general
quality of distinctive character.
Any project or other action involving the expansion, modification,
development or disposition of the physical plant or any site or building.
A.
The Board of Architectural Review and Historic Preservation shall
administer the provisions of this chapter.
(1)
Training and attendance requirements:
(a)
Each member of the Board shall complete, at a minimum, four
hours of training each year designed to enable such members to more
effectively carry out their duties. Training received by a member
in excess of four hours in any one year may be carried over by the
member into succeeding years in order to meet this requirement. Such
training shall be approved by the Southampton Village Board of Trustees
and may include, but not be limited to, training provided by a municipality,
regional or county planning office or board, county planning federation,
state agency, statewide municipal association, college or other similar
entity. Training may be provided in a variety of formats, including
but not limited to, electronic media, video, distance learning and
traditional classroom training.
(b)
To be eligible for reappointment to the BARHP, a member shall
have completed the training approved by the Southampton Village Board
of Trustees.
(c)
The training may be waived or modified by resolution of the
Board of Trustees when, in the judgment of the Southampton Village
Board of Trustees, it is in the best interest to do so.
(d)
No decision of a BARHP shall be voided or declared invalid because
of a failure to comply with this section.
B.
The powers of the BARHP shall include:
(1)
Approval or disapproval of applications for certificates of appropriateness.
(2)
Adoption of criteria for the identification of significant historic,
architectural and cultural landmarks and for the delineation for historic
districts.
(3)
Conducting surveys of significant historic, architectural and cultural
landmarks and historic districts.
(4)
Designation of identified structures or resources as landmarks and
historic districts.
(5)
Acceptance on behalf of the Southampton Village Board of Trustees
of the donation of facade easements and development rights; and the
making of recommendations to the Southampton Village Board of Trustees
concerning the acquisition of facade easements or other interests
in real property as necessary to carry out the purposes of this chapter.
(6)
Increasing public awareness of the value of historic, cultural and
architectural preservation by developing and participating in public
education programs.
(7)
Making recommendations to Southampton Village Board of Trustees concerning
the utilization of state, federal or private funds to promote the
preservation of landmarks and historic districts within the Village.
(8)
Recommending acquisition of landmark structures by the Southampton
Village Board of Trustees where such preservation is essential to
the purpose of this chapter and where private preservation is not
feasible.
(9)
Regulations. Making recommendations to the Southampton Village Board
of Trustees regarding regulations relating to any subject matter over
which the BARHP has jurisdiction under this chapter. Any such recommendation
may be adopted by local law if such regulation will amend the provisions
of this chapter, and may otherwise be adopted by the Board of Trustees
in such form as that Board deems appropriate.
(10)
By-laws; meetings. The BARHP may approve by-laws that are consistent with this Chapter 65. Such by-laws shall provide for the time and place of holding regular meetings; and may provide for the calling of special meetings by the chairperson or by written request of at least two members of the BARHP. Regular meetings shall be held at least once a month.
All regular or special meetings of the Board shall be consistent
with the notice provisions of the New York Open Meetings Law[1] and shall be open to the public.
[1]
Editor's Note: See Art. 7 of the Public Officers Law,
§ 100 et seq.
(11)
The BARHP may establish by resolution permanent or ad hoc committees
consisting of no less than two current members of the BARHP for assignments
assigned to it by the full BARHP.
The BARHP shall designate landmarks or historic districts within
the Southampton Village under this local preservation law.
A.
Individual landmark. The BARHP may designate an individual property
as an individual landmark if it meets with one or more of the below:
(1)
Exemplifies or possesses special character, or historic or aesthetic
interest of value as part of the political, economic, or social history
of the Southampton Village;
(2)
Is identified with persons or events significant in local, state,
or national history;
(3)
Embodies the distinguishing characteristics of a type, period or
method of construction or design style, or is a valuable example of
the use of indigenous materials or craftsmanship; or is representative
of the work of a designer, architect or builder;
(4)
Represents an established and familiar visual feature of the community
by virtue of its unique location or singular physical characteristic,
represents an established and familiar visual feature of the community;
(5)
Has yielded or may be likely to yield information important in prehistory
or history; or
(6)
Is the work of an architect of significance.
B.
Historic district. The BARHP may designate a group of properties
within the Village as an historic district if a majority of properties
therein:
(1)
Contain properties which meet one or more of the criteria for designation
as a landmark and which may have within its boundaries other properties
or structures that, while not of such historic and/or architectural
significance to be designated as landmarks, nevertheless contribute
to the overall visual characteristics of the landmark or landmarks
located within the historic district; and
(2)
Constitute a unique section of the Southampton Village by reason
of possessing those qualities that would satisfy such criteria.
C.
Interior landmark. The BARHP may designate the interior of a property or portion thereof as an interior landmark if such interior has special historical or aesthetic interest or value as part of the development, heritage or cultural characteristics of the Village, or of the neighboring or surrounding town, city, state or nation, or meets with one or more of the criteria set forth in § 65-3A(1) through (6) pertaining to individual properties as set forth above and:
D.
Scenic landmark. The BARHP may designate a landscape feature or group
of features if the landscape feature or group of features has special
historical, aesthetic interest of value as a part of the natural physical
appearance of the Village and its surroundings.
E.
Ordinarily, properties that have achieved significance within the
past 50 years are not considered eligible for designation/delineation
under this landmarks preservation chapter or local law adopted by
the Southampton Village Board of Trustees. However, such properties
will qualify if they are:
F.
Each landmark and the boundaries of each historic district designated
shall be filed, in writing, in the Village Clerk's office for
public inspection.
G.
Notice of a proposed designation of a landmark or of a historic district
shall be sent by certified mail, return receipt requested, and regular
mail mail to the owners of the properties proposed for designation,
describing the properties proposed and announcing a public hearing
by the BARHP to consider the designation at least 10 days' prior
to the hearing. Where the proposed designation of a historic district
includes more than 10 properties and involves individual notice which
the Board deems infeasible, in lieu of notice by certified mail, return
receipt requested, and by regular mail, notice may be published in
a newspaper of general circulation in the Village at least 15 days'
prior to the date of the public hearing. Notice shall be complete
upon the mailing or publication being timely made and there shall
be no requirement that completed mailing receipts be received in order
for notice to be complete.
H.
The BARHP shall hold a public hearing prior to designation of any landmark or historic district to determine whether the designation satisfies the criteria of § 65-3. The BARHP, owners and any other 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 landmark or historic district.
I.
Work moratorium. Once the BARHP has issued notice of a proposed designation, no building permit with respect to such property shall be issued by the Building Inspector, and no activity described in § 65-4 shall be conducted upon the property or properties affected until the BARHP has made its decision or designation.
J.
BARHP record.
(1)
The BARHP shall compile a public record in support of its determination
as to the designation of a resource, landmark or historic district.
In addition to testimony or documentary evidence received at any public
hearing, the record may also contain staff reports, public comments,
expert testimony, or other evidence offered outside of the hearing,
but submitted for the BARHP's consideration by the date of the
hearing, or by such other date as the BARH may select.
(2)
At a minimum, the record of the designation shall contain any papers
compiled by the BARHP in advance of the hearing, including, but not
limited to any applications for a building permit and/or BARHP and/or
staff reports, any comments made at the public hearing, and the BARHP's
decision to approve, approve with modifications, or deny the designation.
K.
Board decision. Within 62 days after the close of the public hearing,
the BARHP shall by resolution undertake a designation in whole or
in part, or shall disapprove in entirety, setting forth in writing
the reasons for the decision. Within seven days, the BARHP shall send
notice of its determination to the applicants and owners of a designated
property by certified mail, return receipt requested, or in the case
of an approved historic district, the Board shall send notice by certified
mail, return receipt requested, to the applicants and owners of all
properties within the approved district, as well as to the Trustees
of the municipality.
L.
The Board may agree with the applicant, in writing, to extend the
time period within which a designation will be made.
M.
The Board shall record notice of each property designated as a landmark
and of the boundaries of each designated historic district with the
office of the Suffolk County Clerk.
A.
No person shall carry out any exterior alteration, restoration, construction,
reconstruction, demolition or moving of an interior landmark, nor
shall any person shall carry out any exterior alteration, restoration,
construction, reconstruction, demolition or moving of a structure,
land, trees or plantings upon property designated a landmark or property
within a historic district, nor shall any person make any material
change in the appearance of such a property shall affect the appearance
and cohesiveness of the historic district, without first obtaining
a certificate of appropriateness from the Board of Architectural Review
and Historic Preservation.
B.
All changes to Southampton Village-owned property affecting an individual
landmark or within a historic district shall be subject to the provisions
of this chapter.
C.
The building department shall receive and file all applications for
any individual landmark, or landmarks or historic district to which
this chapter applies. The building department shall transmit a copy
of any such application to the BARHP.
D.
The BARHP may require that the application for certificate of appropriateness
be supplemented by such additional information or materials as may
be necessary for a complete review by the BARHP. The BARHP may impose
such reasonable conditions or restrictions as it deems necessary or
appropriate on a case-by-case basis to promote or achieve the purpose
of this chapter.
A.
Certificate of appropriateness; general criteria. If the proposed
work relates to an individual landmark, the BARHP shall approve the
issuance of a certificate of appropriateness only if it determines
that the proposed work will not have a substantial adverse effect
on the aesthetic, historical, or architectural significance and value
of the individual landmark. If the proposed work is within a historic
district, then the BARHP shall approve the issuance of a certificate
of appropriateness only if it determines that the proposed work will
not have a substantial adverse effect on the aesthetic, historical,
or architectural significance of the property itself, the district
or neighboring properties in such district.
B.
In making this determination, the BARHP's decision to approve, approve with modification(s) or deny an application for a certificate of appropriateness for a landmark, whether it be an individual landmark, interior landmark, or scenic landmark and property located within a historic district will be guided by the Secretary of the Interior's Standards for Rehabilitation and the principles in Subsection C below, with the BARHP also considering the criteria in Subsection B(1) below as to properties in a historic district:
(1)
The Board's decision to approve, approve with modification(s)
or deny an application for a certificate of appropriateness for an
improvement to property located within a historic district shall be
further based on the following principles:
(a)
Properties which contribute to the character of the historic
district shall be retained, with their historic features altered as
little as possible;
(b)
Any alteration of existing properties shall be compatible with
the surrounding historic district; and
(c)
New construction shall be compatible with the historic district
in which it is located;
C.
In applying the principle of compatibility set forth in Subsection B of this Section, the Board shall consider the following factors:
(1)
The general design and character of the proposed exterior alteration
or new construction relative to existing features of the property
or improvement;
(2)
The scale and visual compatibility of the proposed exterior alteration
or new construction in relation to the property itself, surrounding
properties, and the neighborhood;
(3)
Texture, color, and materials, and their relation to similar features
of the property and other properties in the neighborhood;
(4)
Visual compatibility with surrounding properties, including proportion
of the property's facade, proportion and arrangement of windows
and other openings within the facade, roof shape, and the rhythm of
spacing of properties on streets, including setback; and
(5)
The importance of historic physical and visual features to the significance
of the property.
D.
In approving an application for a certificate of appropriateness,
the BARHP shall find that the building or structure for which the
permit was requested, if erected or altered in accordance with the
submitted plan or with stated modifications, would be consistent with
the spirit and intent of this chapter, would not be visually offensive
or inappropriate by reason of poor quality of exterior design, monotonous
similarity or visual discord in relation to the sites or surroundings,
would not mar the appearance of the area, would not impair the use,
enjoyment and desirability or reduce the values of properties in the
area, would not be detrimental to the character of the neighborhood,
would not prevent an appropriate development and utilization of the
site or of adjacent lands and would not adversely affect the functioning,
economic stability, prosperity, health, safety and general welfare
of the community.
E.
Where the BARHP grants a certificate of appropriateness under circumstances
where the permitted activity is likely to uncover or affect archaeological
resources, the BARHP shall require reasonable efforts to protect and
preserve such resources. Where such protection and preservation is
not feasible, the BARHP shall nonetheless impose appropriate and reasonable
conditions to insure that the archaeological resource is made accessible
for a reasonable period to qualified persons.
A.
Prior to the commencement of any activity described in § 65-4 requiring a certificate of appropriateness, the owner or the owner's authorized agent shall file an application for a building permit with the Southampton Village Building Official and an application for such certificate with the BARHP of Architectural Review and Historic Preservation. The application shall contain:
(1)
The name, address and telephone number of the applicant.
(2)
The location, Tax Map designation and photographs of the property
clearly indicating all public views.
(3)
Elevation drawings, including relationship to adjacent properties.
(4)
Perspective drawings, including relationship to adjacent properties.
(5)
Samples of building materials to be used, including their proposed
color.
(6)
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.
(7)
Any other information which the BARHP may deem necessary in order
to determine the appropriateness of the proposed changes.
B.
Upon receipt of all the information required herein, and any additional
material requested by the BARHP, the BARHP shall deem the application
complete and shall place the application on the agenda of the next
meeting of the BARHP subject to any scheduling procedures that have
been put in place by resolution of the BARHP establishing a maximum
number of matters to be heard at any one meeting. No building permit
shall be issued for such proposed work until a certificate of appropriateness
has first been issued by the Board of Architectural Review and Historic
Preservation. The certificate of appropriateness required by this
chapter shall be in addition to and not in lieu of any building permit,
site plan approval, variance or other regulatory approval that may
be required by any other ordinance, law, code, rule or regulation.
C.
The BARHP shall schedule a public hearing to commence no later than
50 days after receipt of an application deemed complete by the BARHP.
During the course of the hearing, should the BARHP determine that
additional information is required, the BARHP may continue the hearing
to another date as it deems necessary. Upon the public hearing being
concluded, the BARHP shall approve the application for a certificate
of appropriateness, deny the request, approve the issuance of the
certificate with modifications or conditions or request additional
information within 62 days. In the event, however, that the BARHP
shall make a finding of fact that the circumstances of a particular
application require further time for additional study beyond the aforesaid
sixty-two-day period after close of the public hearing, then the BARHP
shall have an additional period of up to 62 days. Circumstances resulting
in a further continuance can include, but are not limited to, whether
any additional information sought by the BARHP has been provided in
a time frame that the BARHP deems reasonable in order for a decision
to be made within 62 days from the conclusion of the public hearing
from the date of any such finding within which to act upon such an
applications. The BARHP may, at its option, waive a public hearing
on an application if the BARHP determines that the issues raised by
the application do not necessitate a public hearing to assess the
application and when the BARHP determines that the general public
will not have an interest in the application.
D.
The Board shall provide for the giving of notice as follows:
(1)
With respect to every application for a certificate of appropriateness
(except a sign application), the applicant shall erect a white-with-black-lettering
sign or signs measuring not less than 22 inches long and 14 inches
wide, which shall be prominently displayed on the premises facing
each street on which the property abuts, giving notice that an application
is pending and the date, time and place where the initial meeting
will be held. The sign shall not be set back more than 10 feet from
the street line and shall not be less than two nor more than six feet
above the grade at the street line. The sign shall be made of durable
material and shall be furnished by the BARHP. It shall be displayed
for a period of not less than 10 days immediately preceding the initial
meeting date. No additional posting shall be required for any adjournment
date or public hearing date. The applicant shall file an affidavit
of compliance with the provisions of this section.
(2)
With respect to applications which involve a public hearing, the
Board shall cause a public notice of such hearing to be published
once in the official newspaper at least 10 days' prior to the
hearing date, and applicants in the R-120 and R-80 Zoning Districts
shall cause a copy of such notice to be mailed to all property owners
within 500 feet of the subject premises, as shown on the latest completed
tax roll, measured along all property lines, and to all other property
owners located within 500 feet of the boundaries of the premises,
and applicants in all other zoning districts shall cause a copy of
such notice to be mailed to all property owners within 200 feet of
the subject premises, as shown on the latest completed tax roll, measured
along the frontage on both sides of the street, and to all other property
owners located within 200 feet of the boundaries of the premises by
certified mail, return receipt requested, at least 10 days' prior
to the hearing date. The applicant shall submit proof of such mailing
in the form of affidavits accompanied by certified mail receipts.
If, at that time of a scheduled hearing it is determined that either
the notice by publication or the notice by mailing has not been completed,
the matter may be adjourned to a date certain and only that portion
of service that was not done shall be further required.
E.
All decisions of the Board shall be in writing. A copy shall be sent
to the applicant by registered mail and a copy filed with the Village
Clerk's office for public inspection. The BARHP's decision
shall state the reasons for approving, denying or modifying any application.
F.
The application fee for a certificate of appropriateness application
shall be set at such amount as the Village Board of Trustees may fix
and establish from time to time by resolution.
Requirements for the demolition, removal or relocation of an
individual landmark, resource, or of a structure located in and contributing
to the significance of a historic district; and requirements to establish
an alteration hardship.
A.
Certificate of appropriateness for demolition, removal or relocation.
An applicant seeking a certificate of appropriateness for a proposed
demolition, removal or relocation of a landmark, resource or property
may apply for relief on the ground of economic hardship. In order
to prove the existence of economic hardship sufficient to justify
demolition, removal, or relocation, the applicant shall establish
that the denial of a certificate of appropriateness will prevent the
property owner from earning a reasonable return on investment, regardless
of whether that return represents the most profitable return possible.
(1)
Certificate of appropriateness for demolition. The applicant for
a certificate of appropriateness for demolition must establish to
the Board's satisfaction, an imminent plan of reuse or redevelopment
of the affected property. The applicant for an income-producing property
shall establish that:
(a)
The property is incapable of earning a reasonable return, regardless
of whether that return represents the most profitable return possible;
(b)
The property cannot be adapted for any other use, whether by
the current owner or by a purchaser, which would result in a reasonable
return; and,
(c)
Efforts to find a purchaser interested in acquiring the property
and preserving it have failed.
(d)
In deciding upon such application for removal, relocation or
demolition, the BARHP may consider whether the owner has created his
own hardship through waste and neglect, thereby permitting the property
to fall into a serious state of disrepair.
(2)
In submitting a request for a certificate of appropriateness for
the demolition of a historic building, an applicant must submit the
following:
(a)
Current level of economic return;
(b)
Amount paid for the property, date of purchase, party from whom
purchased, and relationship between the owner of record, the applicant,
and person from whom property was purchased;
(c)
Annual gross and net income from the property for the previous
three years; itemized operating and maintenance expenses for the previous
three years, and depreciation deduction and annual cash flow before
and after debt service, if any, during the same period;
(d)
Remaining balance on the mortgage or other financing secured
by the property and annual debt service, if any, during the prior
three years;
(e)
Real estate taxes for the previous four years and assessed value
of the property according to the two most recent assessed valuations;
(f)
All appraisals obtained within the last two years by the owner
or applicant in connection with the purchase, financing, or ownership
of the property;
(g)
Form of ownership or operation of the property, whether sole
proprietorship, for-profit or not-for-profit corporation, limited
partnership, joint venture, or other;
(h)
Any state or federal income tax returns relating to the property
for the last two years;
(i)
Any listing of property for sale or rent, price asked, and offers
received, if any, within the previous two years, including testimony
and relevant documents regarding:
(j)
Feasibility of alternative uses for the property that could
earn a reasonable economic return;
(k)
Report from a licensed engineer or architect with experience
in rehabilitation as to the structural soundness of any buildings
on the property and their suitability for rehabilitation;
(l)
Cost estimates for the proposed construction, alteration, demolition,
or removal, and an estimate of any additional cost that would be incurred
to comply with the requirements for a certificate of appropriateness;
(n)
Expert testimony or opinion on the feasibility of rehabilitation
or reuse of the existing structure by an architect, developer, real
estate consultant, appraiser, and/or other real estate professional
experienced in historic properties and rehabilitation;
(o)
Any evidence of self-created hardship through deliberate neglect
or inadequate maintenance of the property; and
(p)
Economic incentives and/or funding available to the applicant
through federal, state, city, or private programs.
B.
Demolition of any such contributing resource may be approved only
in connection with approval of a replacement project.
(1)
Before approving the removal, relocation or demolition of an individual
landmark or structure within a historic district, the BARHP may suspend
the application for up to 180 days to allow the applicant to consult
in good faith with the BARHP, local preservation groups, and the public
in a diligent effort to seek a less intrusive alternative to demolition.
During this period, the BARHP may investigate relocation of an involved
building (on site) or modification of the building for future uses
in a way which preserves the architectural and historical integrity
of the building.
(2)
The demolition of any such contributing resource may be approved
only in connection with approval of a replacement project.
C.
Alteration hardship. An applicant whose certificate of appropriateness
for a proposed alteration of a landmark property has been denied may
apply for relief on the ground of economic hardship. In order to prove
the existence of economic hardship related to a proposed alteration,
the applicant shall establish that the denial of a certificate of
appropriateness will prevent the property owner from earning a reasonable
return on investment, regardless of whether that return represents
the most profitable return possible.
D.
As promptly as is practicable after making a preliminary determination
of hardship as provided in this chapter, the BARHP, with the aid of
such experts as it deems necessary, shall, in consultation with the
applicant, endeavor to develop a plan whereby the improvement may
be preserved and perpetuated in such manner as to effectuate the purpose
of this chapter, and also rendered capable of earning a reasonable
return.
E.
Consultation; plan development. The applicant shall consult in good
faith with the BARHP, local preservation groups, and other interested
parties in a diligent effort to seek an alternative that will result
in appropriate preservation of the property. The consulting parties
may include interested purchasers, as well as preservation and other
interested organizations, public agencies, developers, real estate
agents and individuals who may be instrumental in developing an economically
feasible solution.
F.
Economic hardship; criteria. Following the denial of a certificate
of appropriateness, the applicant may request a certificate of economic
hardship. In all cases other than a proposed demolition, removal or
relocation, the applicant shall prove the existence of economic hardship
by demonstrating to the BARHP that:
(1)
The applicant cannot realize a reasonable return if compliance with
the BARHP's decision is required; provided, however, that the
lack of reasonable return is proven by the applicant to be substantial
as demonstrated by competent financial evidence;
(2)
That the alleged hardship relating to the property in question is
unique, and does not apply to a substantial portion of the district
or neighborhood;
(3)
That the requested relief, if granted, will not alter the essential
character of the neighborhood; and
(4)
That the alleged hardship has not been self-created.
G.
The BARHP, in the granting of a certificate of economic hardship,
shall grant the minimum terms deemed necessary and adequate to address
the unnecessary hardship proven by the applicant, and at the same
time preserve and protect the character of the neighborhood and the
health, safety and welfare of the community.
H.
Public hearing.
(1)
The BARHP may hold a public hearing on the hardship application at
which an opportunity will be provided for the applicant and public
to present their views on the hardship application.
(2)
If no public hearing is held, the BARHP must render a decision on
the hardship application within 62 days following its receipt of a
complete application.
(a)
A complete application includes the conclusion of all activities under Subsection C initiated to consult with necessary parties to determine whether the property may be preserved or rehabilitated in a manner that alleviates the hardship that would otherwise result while substantially accomplishing the goals of this chapter.
(b)
A complete application also includes receipt by the BARHP of
all submissions necessary to meet the applicant's burden of proof.
(3)
Following the submission of a complete application, the BARHP may
schedule a public hearing within a reasonable time and determine within
62 days following the close of any public hearing held on the application
whether the applicant has met his or her burden of proof.
I.
BARHP decision.
(1)
If the BARHP finds that the applicant's burden of proof has
not been met, the BARHP shall deny the application for a certificate
of economic hardship.
(2)
If the BARHP finds that the applicant's burden of proof has
been met, the BARHP shall issue a preliminary determination of landmarks
or economic hardship within 62 days of the close of any public hearing
held on the application or within 62 days after the BARHP has received
a complete application.
(3)
Within 62 calendar days following the BARHP's preliminary determination
of economic hardship, the BARHP must make a final determination.
(4)
A decision of the BARHP on the hardship application shall be in writing
and shall state the reasons for granting or denying it. A copy shall
be sent to the applicant by certified mail/return, receipt requested,
or courier service with proof of delivery or personal service with
proof of delivery and a copy filed with the Village clerk's office
for public inspection.
J.
No building permit or other land use approvals shall be issued unless
the BARHP grants the hardship application. If the hardship application
is granted, the BARHP shall approve only such work as is necessary
to alleviate the hardship.
A.
All work performed pursuant to a certificate of appropriateness issued
under this chapter shall conform to the requirements expressly stated
in the certificate or reasonably implied therefrom. It shall be the
duty of the building inspector to periodically inspect any such work
to assure compliance with the certificate and all applicable law.
In the event any requirement included in the certificate of appropriateness
has not been met, or upon notification of that fact by the BARHP,
the building inspector shall issue a stop-work order and all work
shall immediately cease. No further work shall be undertaken on the
project as long as a stop work order is in effect.
B.
Any owner, tenant, occupant, or person in charge of a property who
demolishes, alters, constructs, or permits a designated property to
fall into a serious state of disrepair in violation of this chapter
in violation of the terms of a certificate of appropriateness, in
the absence of a certificate of appropriateness, or in the absence
of a finding of economic hardship, or other approval by the BARHP,
shall be required to restore the property and its site to its appearance
prior to the violation. Further, the owner, tenant, occupant or person
in charge of any property on which such demolition, alteration, or
construction has occurred, or upon which the designated property has
fallen into a serious state of disrepair in violation of this chapter
in the absence of a certificate of appropriateness, a finding of economic
hardship, or other approval by the BARHP, shall be deemed to have
full knowledge thereof and to have consented to, performed, permitted,
made, aided, countenanced, encouraged, assisted or established, erected,
demolished, altered or maintained the same. Nothing herein contained
shall be construed as to impose exclusive liability upon any such
owner, tenant, occupant or person in control, each of whom shall be
jointly and severally liable. Any action to enforce this subsection
shall be in addition to and not in lieu of criminal penalties and
other available remedies.
C.
If, in the judgment of the BARHP, a violation of this chapter exists
that will result in a detrimental effect upon the life and character
of a designated historic resource, landmark, property or on the character
of a historic district as a whole, the BARHP shall notify the building
inspector. If, upon investigation, the building inspector finds work
that is not being performed in accordance with the certificate of
appropriateness, or upon notification of such fact by the Board of
Architectural Review and Historic Preservation and personal verification,
the Building Inspector shall order such remedies as are necessary
and consistent with this chapter and immediately issue a stop-work
order, which shall remain in effect until work is in compliance. No
work shall be undertaken on the property as long as a stop-work order
is in effect.
D.
The Board may notify the Village Board of Trustees of an enforcement
matter arising under this chapter and may refer it to the Village
Attorney for such further action as the Board of Trustees or the Village
Attorney deems appropriate.
A.
Ordinary maintenance; repair.
(1)
Nothing in this chapter shall be construed to prevent the ordinary
maintenance and repair of any exterior architectural feature of a
historic landmark or property within a historic district that does
not involve a change in design, building materials, color or outward
appearance.
(2)
Upon request of the owner or the owner's designated agent, the
BARHP may evaluate and decide, without public hearing, whether or
not proposed work constitutes ordinary maintenance and repair or requires
a certificate of appropriateness.
B.
No owner or person with an interest in real property designated as
an individual landmark or included with an historic district shall
permit the property to fall into a serious state of disrepair. Maintenance
shall be required, consistent with the Property Maintenance Code of
New York State Uniform Fire Prevention and Building Code and all other
applicable local regulations.
C.
Every owner or person in charge of an improvement on a landmark site
or in an historic district shall keep in good repair:
(1)
All of the exterior portions of such improvements; and
(2)
All interior portions thereof which, if not so maintained, may cause
or tend to cause the exterior portions of such improvement to deteriorate,
decay or become damaged or otherwise to fall into a serious state
of disrepair. Examples of types of prohibited disrepair include, but
are not limited to:
(a)
Deteriorated or crumbling exterior plasters, mortar or facades;
(b)
Deteriorated or inadequate foundation;
(c)
Defective or deteriorated flooring or floor supports or any
structural floor members of insufficient size to carry imposed loads
with safety;
(d)
Deteriorated walls or other vertical structural supports that
split, lean, list or buckle due to defective material or deterioration;
(e)
Members of ceilings, roofs, ceiling and roof supports or other
horizontal members which sag, split or buckle due to defective material
or deterioration or are of insufficient size to carry imposed loads;
(f)
Ineffective or inadequate waterproofing of exterior walls, exterior
chimneys, roofs, foundations or floors, including windows or doors,
which may cause or tend to cause deterioration, decay or damage;
(g)
Defective or insufficient weather protection for roofs, foundation
or exterior wall covering, including lack of paint or weathering due
to lack of paint or other protective covering, which may cause or
tend to cause deterioration, decay or damage;
(h)
Fireplaces or chimneys which list, bulge or settle due to defective
material or deterioration or are of insufficient size or strength
to carry imposed loads with safety;
(i)
Any fault or defect in the building or structure which renders
it not properly watertight or otherwise compromises the life and character
of the building or structure.
D.
Interiors. Every owner or person in charge of an improvement to an
interior landmark shall keep in good repair;
E.
Every owner or person in charge of a scenic landmark shall keep in
good repair all portions thereof.
A.
Penalties. Any person committing an offense against any provision
of this chapter shall, upon conviction thereof, be guilty of a violation
pursuant to the Penal Law of the State of New York, punishable by
a fine not exceeding the amount hereinafter set forth or by imprisonment
for a term not exceeding 15 days, or by both such fine and imprisonment.
(1)
First offense. A first conviction for violation of this chapter shall
result in a minimum fine of $1,000 and a maximum fine of $5,000;
(2)
Second offense. A second conviction for violation of this chapter,
if the occurrence that leads to conviction began within a period of
five years from the date of first conviction, shall result in a fine
not less than $5,000 nor more than $10,000;
(3)
Third offense. A conviction for a third or subsequent offense, all
of which were committed within a period of five years from when the
occurrence leading to the first conviction began, shall include a
fine of not less than $10,000 nor more than $15,000.
B.
Where a violation of this chapter has been committed or shall exist,
the owner and the agent or contractor of the building, structure or
lot where such violation has been committed or shall exist, the lessee
or tenant of the part of or of the entire building, structure or lot
where such violation has been committed or shall exist, and the agent,
architect, contractor or any other person who takes part or assists
in such violation or who maintains any building, structure or lot
in which any such violation shall exist, shall be jointly and severally
liable for any penalties, whether civil and criminal, and for any
requirements to redress said violations. Further, the owner and the
agent or contractor of the building, structure or lot where such violation
has been committed or shall exist, the lessee or tenant of the part
of or of the entire building, structure or lot where such violation
has been committed or shall exist, and the agent, architect, contractor
or any other person who maintains any building, structure or lot in
which any such violation shall exist, shall be deemed to have full
knowledge thereof and to have consented to, performed, permitted,
made, aided, countenanced, encouraged, assisted or established, erected,
placed, altered or maintained the same.
C.
Where a contributing historic building has been partially or totally
demolished or significantly altered in violation of this chapter,
each and every person responsible for, causing, permitting, assisting
in or taking part in such violation shall be subject to a civil penalty
in a sum up to the amount equivalent to the estimated cost of restoring
and replicating such building in a manner which restores and replicates
its exterior character and appearance to the maximum extent practicable.
Such civil penalty shall be in addition to and not in lieu of criminal
penalties and other available remedies. The owner and the agent or
contractor of the building, structure or lot where such violation
has been committed or shall exist, the lessee or tenant of the part
of or of the entire building, structure or lot where such violation
has been committed or shall exist, and the agent, architect, contractor
or any other person who maintains any building, structure or lot in
which any such violation shall exist, shall be deemed to have full
knowledge thereof and to have consented to, performed, permitted,
made, aided, countenanced, encouraged, assisted or established, erected,
placed, altered or maintained the same.
The remedy for any person aggrieved by a decision of the Board
of Architectural Review and Historic Preservation granting or denying
a certificate of appropriateness or granting or denying a hardship
application shall be an Article 78 proceeding.
The protection, enhancement and perpetuation
of landmarks and historic districts are necessary to promote the economic,
cultural, educational and general welfare of the public. As Southampton
has many significant historic, architectural and cultural resources
which constitute its heritage, this chapter is intended to:
[Amended 6-20-1989 by L.L. No. 8-1989]
A.
The Board of Architectural Review and Historic Preservation
shall administer the provisions of this chapter.
B.
The powers of the Board shall include:
(1)
Approval or disapproval of applications for certificates
of appropriateness.
(2)
Adoption of criteria for the identification of significant
historic, architectural and cultural landmarks and for the delineation
for historic districts.
(3)
Conducting surveys of significant historic, architectural
and cultural landmarks and historic districts.
(4)
Designation of identified structures or resources
as landmarks and historic districts.
(5)
Acceptance on behalf of the Village government of
the donation of facade easements and development rights; the making
of recommendations to the Village government concerning the acquisition
of facade easements or other interests in real property as necessary
to carry out the purposes of this chapter.
(6)
Increasing public awareness of the value of historic,
cultural and architectural preservation by developing and participating
in public education programs.
(7)
Making recommendations to Village government concerning
the utilization of state, federal or private funds to promote the
preservation of landmarks and historic districts within the Village.
(8)
Recommending acquisition of landmark structures by
the Village government where their preservation is essential to the
purpose of this chapter and where private preservation is not feasible.
A.
[Amended 6-20-1989 by L.L. No. 8-1989]
The Board may designate an individual property as a landmark if it:
(1)
Possesses special character or historic or aesthetic
interest or value as part of the cultural, political, economic or
social history of the locality, region, state or nation;
(2)
Is identified with historic personages;
(3)
Embodies the distinguishing characteristics of an
architectural style;
(4)
Is the work of a designer 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.
[Amended 6-20-1989 by L.L. No. 8-1989]
The Board may designate a group of properties as a historic district
if:
C.
Each landmark and the boundaries of each historic
district designated shall be filed, in writing, in the Village Clerk's
office for public inspection.
D.
Notice of a proposed designation of a landmark or of a historic district involving no more than 10 properties shall be sent by registered mail to the owners of the properties proposed for designation, describing the properties proposed and announcing a public hearing by the Board to consider the designation. Where the proposed designation of a historic district includes more than 10 properties and involves individual notice which the Board deems infeasible, in lieu of notice by registered mail, notice may be published in a newspaper of general circulation in the Village at least 10 days prior to the date of the public hearing. Once the Board has issued notice of a proposed designation, no building permit with respect to such property shall be issued by the Building Inspector, and no activity described in § 65-4 shall be conducted until the Board has made its decision.
[Amended 6-20-1989 by L.L. No. 8-1989]
E.
The Board shall hold a public hearing prior to designation of any landmark or historic district to determine whether the designation satisfies the criteria of § 65-3. The Board, owners and any other 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 landmark or historic district. The record may also contain staff reports, public comments or other evidence offered outside of the hearing.
[Amended 6-20-1989 by L.L. No. 8-1989]
F.
The Board shall record notice of each property designated
as a landmark and of the boundaries of each designated historic district
with the office of the Suffolk County Clerk.
[Amended 6-20-1989 by L.L. No. 8-1989]
[Amended 6-20-1989 by L.L. No. 8-1989; 1-12-2023 by L.L. No. 2-2023]
No person shall carry out any exterior alteration,
restoration, construction, reconstruction, demolition or moving of
a structure, land, trees or plantings upon property designated a landmark
or property within a historic district, nor shall any person make
any material change in the appearance of such a property, which shall
affect the appearance and cohesiveness of the historic district, without
first obtaining a certificate of appropriateness from the Board of
Architectural Review and Historic Preservation.
[Amended 5-24-1988 by L.L. No. 4-1988; 6-20-1989 by L.L. No. 8-1989]
A.
In determining whether to approve or disapprove an
application for a certificate of appropriateness, the Board of Architectural
Review and Historic Preservation shall not consider changes to interior
spaces unless they are open to the public.
[Amended 1-12-2023 by L.L. No. 2-2023]
B.
The Board's decision to approve or to disapprove shall
be based upon the following principles:
(1)
Features or properties which make significant contribution
to the character of a landmark or a historic district shall be altered
as little as possible;
(2)
Any alteration of an existing feature or property
shall be compatible with its historic character, as well as with the
character of nearby properties; and
(3)
New construction shall be compatible with the character
of nearby properties in the historic district.
C.
In applying the principle of compatibility, the 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 spacing of properties on streets, including setback.
(5)
The importance of features or property to be changed
to the historic, architectural, cultural or other significance of
such feature or property.
(6)
The Secretary of the Interior's Standards for Rehabilitation
and Guidelines for Rehabilitating Historic Buildings.
[Added 9-12-1997 by L.L. No. 3-1997]
A.
Prior to the commencement of any activity described in § 65-4 requiring a certificate of appropriateness, the owner shall file an application for such a certificate with the Board of Architectural Review and Historic Preservation. The application shall contain:
[Amended 6-20-1989 by L.L. No. 8-1989]
(1)
The name, address and telephone number of the applicant.
(2)
The location, Tax Map designation and photographs
of the property clearly indicating all public views.
(3)
Elevation drawings, including relationship to adjacent
properties, if available.
(4)
Perspective drawings, including relationship to adjacent
properties, if available.
(5)
Sample of color or materials to be used.
(6)
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.
(7)
Any other information which the Board may deem necessary
in order to determine the appropriateness of the proposed changes.
B.
No building permit shall be issued for such proposed
work until a certificate of appropriateness has first been issued
by the Board of Architectural Review and Historic Preservation. The
certificate of appropriateness required by this chapter shall be in
addition to and not in lieu of any building permit that may be required
by any other ordinance.
[Amended 6-20-1989 by L.L. No. 8-1989]
C.
The Board shall approve, deny or approve the permit
with modification within 60 days from receipt of completed application.
The Board may, at its option, hold a public hearing on the application
to obtain information from the applicant and the general public to
aid in making its determination. The Board shall make its decision
as to whether or not to hold a public hearing within 30 days of its
receipt of a completed application. The public hearing shall take
place no later than 50 days after receipt of a completed application.[1]
[Amended 6-20-1989 by L.L. No. 8-1989; 12-12-2002 by L.L. No.
7-2002]
[1]
Editor's Note: Former Subsection C, regarding
review of an application for a certificate of appropriateness by one
member of the Board, added 5-24-1988 by L.L. No. 4-1988 and subsequently
amended, was repealed 3-9-2001 by L.L. No. 3-2001. This local law
also redesignated former Subsections E through G as D through F, respectively.
D.
The Board shall provide for the giving of notice as
follows:
[Amended 12-12-2002 by L.L. No. 7-2002]
(1)
With respect to every application for a certificate
of appropriateness (except a sign application), the applicant shall
erect a white-with-black-lettering sign or signs measuring not less
than 22 inches long and 14 inches wide, which shall be prominently
displayed on the premises facing each street on which the property
abuts, giving notice that an application is pending and the date,
time and place where the initial meeting will be held. The sign shall
not be set back more than 10 feet from the street line and shall not
be less than two nor more than six feet above the grade at the street
line. The sign shall be made of durable material and shall be furnished
by the Board. It shall be displayed for a period of not less than
10 days immediately preceding the initial meeting date. No additional
posting shall be required for any adjournment date or public hearing
date. The applicant shall file an affidavit that he has complied with
the provisions of this section.
(2)
With respect to applications which involve a public
hearing, the Board shall cause a public notice of such hearing to
be published once in the official newspaper at least 10 days prior
to the hearing date, and the applicant shall cause a copy of such
notice to be mailed to all property owners within 200 feet of the
subject premises, as shown on the latest completed tax roll, measured
along the frontage on both sides of the street, and to all other property
owners located within 200 feet of the boundaries of the premises,
by ordinary mail at least 10 days prior to the hearing date. The applicant
shall submit proof of such mailing.
E.
All decisions of the Board shall be in writing. A
copy shall be sent to the applicant by registered mail and a copy
filed with the Village Clerk's office for public inspection. The Board's
decision shall state the reasons for denying or modifying any application.
[Amended 6-20-1989 by L.L. No. 8-1989]
F.
The application fee for a certificate of appropriateness
application shall be $185 or such other amount as the Village Board
of Trustees may hereafter fix and establish from time to time by resolution.
[Added 1-9-1998 by L.L. No. 1-1998; amended 10-24-2000]
An applicant whose certificate of appropriateness
has been denied may apply for relief from landmark designation on
the grounds that designation presents a hardship. To prove the existence
of hardship, the applicant shall establish that, in the absence of
the issuance of such certificate of appropriateness:
[Amended 6-20-1989 by L.L. No. 8-1989]
A.
An applicant may apply to the Board for relief on
the basis of hardship upon receipt of written notification from the
Board of the denial of a certificate of appropriateness. No relief
from landmark designation shall be granted unless the Board makes
a finding that a hardship exists.
B.
Within 40 days of receipt of an application for relief,
notice of such public hearing shall be published in a newspaper of
general circulation in the Village at least 10 days prior to the date
of the public hearing. The Board shall hold a public hearing on the
hardship application within 60 days.
C.
Prior to such hearing, the applicant shall consult
in good faith with the Board and other interested parties to seek
an alternative that will result in preservation of the property.
D.
All decisions of the Board shall be in writing. A
copy shall be sent to the applicant by registered mail and a copy
filed with the Village Clerk's office for public inspection. The Board's
decision shall state the reasons for granting or denying the hardship
application.
[Amended 6-20-1989 by L.L. No. 8-1989]
All work performed pursuant to a certificate
of appropriateness issued under this chapter shall conform to any
requirements included therein. It shall be the duty of the Village
Building Inspector to inspect periodically any such work to assure
compliance. In the event that he finds work that is not being performed
in accordance with the certificate of appropriateness, or upon notification
of such fact by the Board of Architectural Review and Historic Preservation
and personal verification, the Building Inspector shall immediately
issue a stop-work order, which shall remain in effect until work is
in compliance. No work shall be undertaken on the property as long
as a stop-work order is in effect.
A.
Nothing in this chapter shall be construed to prevent
the ordinary maintenance and repair of any feature of a landmark or
property within a historic district which does not involve a change
in design, material, color or outward appearance.
B.
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 state of disrepair so as to cause,
in the judgment of either the Board of Architectural Review and Historic
Preservation or the Board of Trustees, a detrimental effect upon the
character of the landmark or historic district.
[Amended 6-20-1989 by L.L. No. 8-1989; 8-26-2021 by L.L. No. 5-2021]
[Amended 1-25-2011 by L.L. No. 1-2011]
A.
Where a
violation of this chapter has been committed or shall exist, the owner
and the agent or contractor of the building, structure or lot where
such violation has been committed or shall exist, the lessee or tenant
of the part of or of the entire building, structure or lot where such
violation has been committed or shall exist, and the agent, architect,
contractor or any other person who takes part or assists in such violation
or who maintains any building, structure or lot in which any such
violation shall exist, shall be guilty of a violation of this chapter.
B.
Any person
committing an offense against any provision of this chapter shall,
upon conviction thereof, be guilty of a violation pursuant to the
Penal Law of the State of New York, punishable by a fine not exceeding
the amount hereinafter set forth or by imprisonment for a term not
exceeding 15 days, or by both such fine and imprisonment. In the case
of an offense involving partial or total demolition or significant
alteration of a contributing historic building, such fine shall be
an amount not exceeding $5,000; in the case of any other offense,
such fine shall be an amount not exceeding $1,000. The continuation
of an offense against the provisions of this chapter shall constitute,
for each day the offense is continued, a separate and distinct offense
hereunder.
C.
Any person
who demolishes, alters, constructs or permits a designated property
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. Any action to enforce this subsection shall
be in addition to and not in lieu of criminal penalties and other
available remedies.
D.
Where a
contributing historic building has been partially or totally demolished
or significantly altered in violation of this chapter, each and every
person responsible for, causing, permitting, assisting in or taking
part in such violation shall be subject to a civil penalty in a sum
up to the amount equivalent to the estimated cost of restoring and
replicating such building in a manner which restores and replicates
its exterior character and appearance to the maximum extent practicable.
Such civil penalty shall be in addition to and not in lieu of criminal
penalties and other available remedies.
[Amended 6-20-1989 by L.L. No. 8-1989; 3-9-2001 by L.L. No. 3-2001]
The remedy for any person aggrieved by a decision
of the Board of Architectural Review and Historic Preservation granting
or denying a certificate of appropriateness or granting or denying
a hardship application shall be an Article 78 proceeding.
