[HISTORY: Adopted by the Town Board of the Town of Southold 11-16-2004
by L.L. No. 22-2004. Amendments noted where
applicable.]
This chapter shall be known and may be cited as the "Historic Landmarks
Preservation Law of Southold Town."
A.
Within the Town of Southold there exist landmarks of
special historic significance, which by reason of their history, antiquity,
uniqueness, architecture and/or character contribute to a strong sense of
identity within their communities and provide tangible linkages to the Town's
historic, architectural and cultural heritage.
B.
The Town of Southold believes it important to afford
proper recognition to these historic landmarks and to protect them from incompatible
alterations or demolition and maintain them for the continuing recognition,
use and enjoyment of current and future residents and visitors of the Town.
In doing so, it is also expressly the intent of the Town of Southold not to
affect, abridge, limit or change in any way the uses permitted by the zoning
regulations as applicable to such properties.
C.
By the enactment of this chapter, it is the Town's intention
to meet these objectives and those set forth by the Town in its comprehensive
planning documents and Local Waterfront Revitalization Program, by:
(1)
Emphasizing as a statement of local policy that the conservation,
protection, enhancement and preservation of such historic landmarks is necessary
to promote the cultural, economic, educational and general welfare of the
Town's residents;
(2)
Encouraging the identification and recognition of historic
resources which represent distinctive elements of historic, architectural
and cultural heritage; and
(3)
Providing for the careful, thoughtful and informed evaluation
of any proposed demolition or removal or alteration of the facade of any historic
landmark affected by this chapter;
(4)
Promoting heritage tourism; and
(5)
Maintaining visual compatibility with the historic character
of neighboring properties in public view.
A.
Unless specifically defined below, words or phrases in
this chapter shall be interpreted as to give them the same meanings they have
in common usage and as to apply this chapter consistent with its statement
of purpose.
B.
ADAPTIVE REUSE
ALTERATION
DEMOLITION
FACADE
HISTORIC
REMOVAL
As used in this chapter, the following terms shall have
the meanings indicated:
A process that adapts buildings for new uses while retaining their
historic features.
Any act, process or work that significantly changes the exterior
appearance or exterior architectural features of a landmark, including the
renovation, restoration, reconstruction, obstruction, addition to or removal
of any part of such a landmark.
The destruction, razing, disassembly or collapse of a landmark, or
the engagement in acts that will necessarily cause such effect.
The elevations/faces of a landmark visible from a public street.
Those landmarks designated as such pursuant to § 170-10 of this chapter.
Any relocation of a landmark on its site or to another site.
A.
There is hereby created a commission to be known as the
"Town of Southold Historic Preservation Commission." The Historic Preservation
Commission shall consist of no fewer than five members and no greater than
seven members, to be appointed by the Town Board, to the extent available
in the community, as follows:
[Amended 8-16-2005 by L.L. No. 13-2005]
(1)
At least one member shall be an architect experienced
in working with historic buildings;
(2)
At least one member shall have demonstrated significant
interest in and commitment to the field of historic preservation; and
(3)
All members shall have a known interest in historic preservation
and architectural development within the Town of Southold.
B.
Members of the Historic Preservation Commission shall
serve for terms of four years with the exception of the initial term of one
of the members which shall be for one year, two which shall be for two years,
and two which shall be for three years.
C.
There shall be a Secretary to the Commission who shall
be responsible for the keeping of meeting minutes, publication of meeting
minutes, posting of public notices and any other relevant duties.
D.
The Chair, the Vice Chair and the Secretary of the Commission
shall be elected by and from the members of the Commission annually at the
first regular meeting of the calendar year, except for the first organizational
meeting convened after this chapter is enacted.
E.
The powers of the Commission shall include:
(1)
Employment of staff and professional consultants as necessary
to carry out the duties of the Commission, within the limits of appropriations
of the Town Board;
(2)
Promulgation of rules and regulations as necessary for
the conduct of its business;
(3)
Conduct of surveys of significant historic, architectural,
and cultural landmarks and historic districts within the Town;
(4)
Designation and recommendation of identified landmarks
or resources as historic landmarks;
(5)
Recommend acceptance to the Town Board of the donation
of facade easements and development rights, and the making of recommendations
to the Town Board concerning the acquisition of facade easements or other
interests of 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 Town government concerning
the utilization of state, federal or private funds to promote the preservation
of landmarks and historic districts within the Town;
(8)
Recommending acquisition of a landmark by the Town Board
where its preservation is essential to the purposes of this chapter and where
private preservation is not feasible; and
(9)
Approval or disapproval of applications for certificates
of appropriateness of demolition, alteration or economic hardship pursuant
to this chapter.
F.
The Commission shall meet at least monthly, but meetings
may be held at any time on the written request of any two of the Commission
members or on the call of the Chair.
G.
A quorum for the transaction of business shall consist
of three of the Commission's members, but not less than a majority of the
full authorized membership may grant or deny a certificate of appropriateness.
H.
All members shall attend and complete relevant training
programs as the Town Board may require.
I.
The Commission shall publish and update as needed A Guide
to Historic Preservation in Southold Town.
A.
Recommendation of landmarks; notice; hearing.
(1)
Upon application of the property owner, the Historic
Preservation Commission shall have the authority to recommend that the Town
Board designate individual landmarks as "historic" and thereby subject to
the provisions of this chapter, if such landmarks:
(a)
Qualify for inclusion on the State or National Registers
of Historic Places; or
(b)
Possess significant character or historic, aesthetic
or archaeological interest or value as part of the cultural, architectural,
economic or social heritage of the community or Town, i.e., those included
on the Society for the Preservation of Long Island Antiquities List (SPLIA);
or
(c)
Are the site of an historic event or are identified with
historic personages; or
(d)
Possess a unique location or physical characteristic,
thereby representing an established and familiar visual feature of the community
or Town.
(e)
Owners of landmarks that meet the qualifications for designation under any of the above Subsection A(1)(a) through (d) may apply to have their properties granted landmark status and to be covered by this chapter. Those properties currently on the SPLIA list are automatically considered eligible, and may formally request designation.
(2)
The Town Clerk shall send notice pursuant to Chapter 55, Notice of Public Hearings, of the Town Code of any such proposed designation to the owner of record of the property proposed for designation, describing the property proposed and announcing a public hearing by the Town Board to consider the designation. Once the Town Board has issued notice of a proposed designation, no demolition or building permits shall be issued with regard to the property until the Town Board has made its decision on the proposed designation.
(3)
The Town Board shall hold a public hearing prior to taking
action on any proposed designation. The Historic Preservation Commission,
owners and any interested parties may present any relevant testimony or documentary
evidence at the hearing, all of which will become part of the record. The
record may also contain staff reports, public comments, and other evidence
offered outside of the hearing.
B.
Notwithstanding the foregoing, the landmarks located
within the Town of Southold listed, as of the effective date of this chapter,
on the Southold Town Designated Landmarks Roster, the state or national registers
of historic places, or listed as "contributing buildings or sites" in a state
or national register historic district or national landmark district, are
hereby designated as "historic" for the purposes of this chapter. A listing
of such landmarks is annexed hereto and made a part of this chapter.
C.
Recognition. All owners of designated and approved landmarks
in the Town will be awarded a special certificate of recognition and/or a
plaque to acknowledge their property as an official Southold Town landmark.
A.
No person shall carry out any of the following activities
without first obtaining a certificate of appropriateness specifically permitting
such activity from the Town of Southold Historic Preservation Commission:
B.
No demolition or building permit shall be issued for
such activities without such certificate of appropriateness. 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 chapter of
the Town Code of the Town of Southold.
A.
In all cases where a certificate of appropriateness is
required by the Historic Preservation Commission, an applicant shall provide
the Historic Preservation Commission with the following information on the
prescribed form:
(1)
Name, address and telephone number of the applicant;
location, Tax Map number, and photographs of each side of the landmark; and
a brief description of the landmark indicating (approximate) date of construction,
name of architect (if known), historic and/or architectural and archaeological
significance and a description of its setting, including related grounds,
accessory buildings and structures and property boundaries, the nature of
the work proposed, and elevation drawings, if available;
(2)
History of the recent (i.e., past 10 years) use, occupancy
and ownership of the property;
(3)
Name, address and telephone number of the individual,
contractor, or corporation performing the work;
(4)
Application fee receipt; and
(5)
Any information required by the Historic Preservation
Commission to make a determination on an application.
B.
The Historic Preservation Commission shall hold a public
hearing within 60 days after receipt of an application completed in accordance
with this section. At the hearing, all interested persons shall be provided
the opportunity to present their views. Notice of the public hearing shall
be published at least once in a newspaper of general circulation in the Town,
i.e., the Town's official newspaper, at least 10 days prior to the date of
the public hearing. At the hearing, the Historic Preservation Commission may
take testimony and entertain the submission of written evidence from any person.
C.
Action on application.
(1)
The Historic Preservation Commission shall act to approve,
deny or approve with conditions the application for a certificate of appropriateness
within 60 calendar days after the conclusion of the hearing except where such
time shall be extended by mutual agreement of the Historic Preservation Commission
and the applicant. Such determination shall be in writing and accompanied
by findings, which findings shall seek to balance, to the extent practicable,
the objectives of the applicant with broader issues that may be associated
with the value of the historic site or landmark to the community's heritage.
Within seven days following the determination, the applicant shall be sent
by registered mail either an certificate of appropriateness or a denial and
a copy thereof shall be provided to the Building Department of the Town.
(2)
In the case of the granting of a certificate of appropriateness,
the Historic Preservation Commission shall be empowered to impose reasonable
conditions upon the applicant to ensure that the activity is conducted in
a manner which is consistent with the spirit and intent of this chapter.
(3)
A denial of the application shall be accompanied by a
written statement of the reasons for the denial. In the case of denial, the
Historic Preservation Commission shall be required to make recommendations
to the applicant concerning reuse or restoration of the landmark. The Historic
Preservation Commission may also notify a governmental agency with the authority
to acquire the property and prevent its demolition through exercise of its
power of eminent domain.
A.
The Historic Preservation Commission, in reviewing an application for the alteration of the facades of landmarks designated as "historic" pursuant to § 170-5 of this chapter, shall not consider changes to interior spaces. In addition to the factors enumerated in § 170-9A, the Commission shall consider the following criteria:
(1)
Whether the proposed alteration is consistent with principles
of adaptive reuse, whereby the principal historic features of the landmark
are maintained while permitting the use of the landmark for new uses other
than its original use;
(2)
The similarity in design, architecture and appearance
of the proposed alteration with the historic design, architecture and appearance;
(3)
The necessity for complying with the applicable building
codes or other federal or state regulations;
(4)
The necessity of such alteration to allow for a use of
the property permitted by the Town Code in the applicable zoning district;
and
(5)
The public interest in preserving the historic features
of the landmark and its relation to the historic character of the community
and Town.
A.
In passing upon an application for certificate of appropriateness
of demolition or removal, the Historic Preservation Commission decision shall
consider whether:
(1)
The landmark is of such architectural or historic interest
that its demolition or removal would be to the detriment of the public interest;
(2)
Retention of the landmark in its current form or location
is important to the Town's history or character;
(3)
The landmark is of such old and unusual or uncommon design,
texture and material that it could not be reproduced or be reproduced only
with great difficulty;
(4)
Retention of the landmark would help preserve and protect
an historic place or area of historic interest in the Town; and
(5)
Retention of the landmark will promote the general welfare
by maintaining and increasing real estate values and encourage interest in
American and local history and architecture.
A.
If the Historic Preservation Commission denies an application for the demolition, removal or alteration of a landmark designated as "historic" pursuant to § 170-10 of this chapter, the applicant may request approval from the Town Board on the grounds that the prohibition on such demolition or removal will subject the applicant to undue hardship. In evaluating whether such prohibition will subject the applicant to undue hardship, the Town Board shall consider the following criteria:
(1)
Whether the owner is capable of earning a reasonable
return on investment without such demolition, removal or alteration;
(2)
Whether the landmark can be altered, restored, renovated
or adapted for any other use pursuant to a certificate of appropriateness
under this chapter, either by the owner or a subsequent purchaser, which would
enable a reasonable return;
(3)
Whether removal or alteration is necessary or appropriate
to preserve the landmark;
(4)
Whether the claimed hardship has been self-created by
waste, neglect, or failure to maintain the landmark; and
(5)
The public interest in preserving the landmark and its
relation to the historic character of the community and Town.
B.
Nothing herein shall be construed to prevent the demolition,
removal or alteration of any structure which has been determined by resolution
of the Town Board of the Town of Southold to be dangerous or unsafe.
Any person aggrieved by a decision of the Historic Preservation Commission
relating to an application under this chapter may, within 30 days of the decision,
file a written application with the Town Board for review of the decision.
Reviews shall be conducted based on the same record that was before the Commission
and using the criteria set forth in this chapter.
All activities conducted and work performed pursuant to a certificate
of appropriateness issued by the Historic Preservation Commission under this
chapter shall conform to the specific requirements of the certificate of appropriateness.
It shall be the duty of the Code Enforcement Officer to inspect periodically
any such activities or work to ensure compliance. In the event it is determined
that such activities or work is not being conducted or performed in accordance
with the certificate of appropriateness, the Code Enforcement Officer shall
issue a stop-work order and all affected activities and work shall immediately
cease. No further affected activities or work shall be undertaken while the
stop-work order is in effect.
Any violation of the provisions of this chapter shall be violation of
the Town Code and shall be punishable by a fine not to exceed $1,000. Each
week's continuing violation shall constitute a separate violation. The Town
Attorney is authorized and directed to cooperate with the Code Enforcement
Officer to institute any and all actions and proceedings necessary to enforce
this chapter. Any civil remedy shall be in addition to and not in lieu of
any criminal prosecution or penalty.
An applicant may be charged a fee by the Historic Preservation Commission
for the cost of processing and reviewing an application for a certificate
of appropriateness, including reasonable costs incurred for its private consultants,
and for the actual cost of preparation and publication of each public notice
of hearing with respect to any application. All such fees shall be in accordance
with a fee schedule established and periodically reviewed by the Town Board.
