A.
Any person who owns real property located within the
Village of Sea Cliff may request the Commission to designate his property
as a landmark or landmark site by submitting an application for such
designation to the Commission on a form designed by the Commission
for such purpose.
B.
Upon the enactment of this chapter, and from time
to time thereafter, the Commission shall make a study of the buildings
or structures existing and situated in the Village and, for the purpose
of identifying and conserving, protecting, enhancing and perpetuating
those buildings or structures within the Village which, by reason
of their particular or distinctive architectural style, general design,
historic association or historic or architectural value, constitute
a part of the community's architectural and historic heritage, shall
designate and identify each such landmark, landmark site, or historic
district on the Proposed Landmark and Historic District Map.
C.
When an application is filed for a permit to demolish
or remove all or any portion of any building or structure, the Commission
may, on its own motion, initiate a proceeding for the designation
of such building or structure, or the portion thereof for which the
demolition permit was filed, as a landmark or landmark site. The application
to initiate a proceeding for designation shall be filed by the Commission
within 60 days of the date notice is received by the Commission that
an application for a demolition permit has been filed.
D.
If the Commission shall determine, prior to the filing
of an application to initiate a proceeding for designation, that the
building or structure for which the demolition permit has been filed
should not be considered for designation as a landmark, the Building
Department shall be notified immediately, and the processing of the
application for a demolition permit shall proceed without any further
reference to this chapter.
A.
Whenever the Commission considers an application for
designation, notice thereof shall be given by the Commission to the
Village Clerk, the Building Department, the Board of Trustees, the
owner or owners of the property on which the proposed landmark or
landmark site is situated, and the owners of all property located
contiguous with the exterior boundary lines of the subject property.
Notice to property owners shall be given by registered mail, return
receipt requested.
B.
The notice shall recite the name of the applicant,
the nature of the application, the address and tax map designation
of the property, and the place and date of the meeting at which the
Commission will consider the application. The notice shall be given
at least 10 days prior to the date of the meeting.
C.
Within 30 days after receipt of the application, the
Commission shall meet to consider whether to accept or reject the
application. All interested parties shall have the right to be heard
at such meeting. In reaching a decision, the Commission shall consider
all factors relevant to the purpose of this chapter, including but
not limited to the special character, ambience, historical significance,
aesthetic value and uniqueness of the architectural design of the
proposed landmark or landmark site. All meetings of the Commission
in which an application is being considered shall be open to the public.
Within 30 days of such meeting, the Commission shall render a written
decision either rejecting or accepting the application, and the Commission
shall notify the applicant accordingly.
D.
Upon a Commission decision to reject the application,
the proceeding shall terminate. The Commission shall file the decision
to reject the application with the Village Clerk, who shall mail a
copy thereof to the applicant and the owner of the subject property,
and shall notify the Building Inspector and the Village Board of Trustees.
No application for designation of the same landmark or landmark site
may be filed for a period of one year from the date the decision to
reject the application is filed with the Village Clerk.
E.
Upon a Commission decision to accept the application,
a copy of the decision shall be filed with the Village Clerk, who
shall mail a copy thereof to the applicant and the owner of the property,
and shall notify the Building Department and the Village Board of
Trustees.
A.
Whenever the Commission accepts an application for
designation, or initiates a proceeding for the designation of a landmark,
landmark site or historic district, a public hearing by the Commission
shall be held within 60 days of the filing of the decision to accept
the application, or as otherwise determined by the Commission as regards
a hearing concerning a proceeding initiated by the Commission.
B.
A public hearing by the Commission shall be held to
allow all interested parties the right to be heard prior to the Commission's
decision to deny or recommend approval of the designation to the Village
Board. The hearing shall be concluded upon determination made by the
Chairman of the Commission.
C.
Notice of the public hearing shall be given by the
Commission to the owner or owners of the property on which the proposed
landmark or landmark site is situated, the owners of all property
located within a proposed historic district, and the owners of all
property located contiguous with the exterior boundary lines of the
subject property or District by certified mail, return receipt requested.
Notice shall be given by first class mail to the owners of all property
located within a three-hundred-foot radius of the boundary lines of
the subject property or District. All notices given by mail shall
be postmarked at least 10 days prior to the date of the hearing. A
notice of such hearing shall be published in the official newspaper
of the Village at least 10 days prior to the date of the public hearing.
Notice shall also be given to the Building Department, the Zoning
Board of Appeals, the Planning Board, and the Board of Trustees.
D.
The notice shall recite the name of the applicant,
the nature of the application and proceeding, the address and tax
map designation of the property, and the place and date of the public
hearing.
A.
In reaching a decision, the Commission shall consider
all factors relevant to the purpose of this chapter, including but
not limited to the special character, ambience, historic significance,
aesthetic value and uniqueness of the architectural design of the
proposed landmark, landmark site or historic district.
B.
The Commission may designate properties only if they meet the definitions of "landmark" or "historic district" set forth in § 80-201 and the criteria set forth therein. In rendering its decision, the Commission shall consider the testimony, documentary evidence, and recommendations offered by the owner(s), the Architectural Board of Review, and other interested persons, and such other opinions, evidence and considerations as have been entered in the record, particularly those which reflect the historic, architectural or cultural importance of the proposed landmark, landmark site or historic district.
C.
The Commission may designate an individual building,
structure, site, or 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 exterior distinguishing features and
characteristics representative of an architectural style;
(4)
Is a structure created from blueprints, plans or kits
supplied by companies such as Sears Roebuck and Montgomery Ward;
(5)
Is the work of an architect, designer, or builder
of local or regional importance or whose work has significantly influenced
an age;
(6)
Because of a unique location or singular physical
characteristic, represents an established and familiar visual feature
of the neighborhood; or
(7)
Was constructed prior to 1900.
D.
The Commission may designate a group of properties
as an historic district if it:
(1)
Contains properties, some or all of which meet one
or more of the criteria for designation of a landmark; and
(2)
By reason of possessing such qualities constitutes
a distinct geographic section or area of the Village; or
(3)
The designation of an historic district rather than
individual landmarks will effectively accomplish the purposes of this
chapter.
A.
Within 45 days after the close of such public hearing, the Commission shall make its decision to deny or recommend approval of the application. The Commission shall furnish a written report of its findings and decision on each application and shall include in such report a full record of its findings and conclusions, including an explanation of how the proposed landmark or historic district satisfied and complied with or failed to satisfy and comply with the criteria set forth in § 80-504, above.
B.
Where the Commission's decision recommends approval of an application filed pursuant to § 80-501C of this chapter, the decision shall indicate why the landmark or historic district is important, and shall provide guidelines informing the property owner how designation will restrict the demolition of the designated landmark.
C.
Any recommendation for approval may limit itself to
the proposed landmark, landmark site, or historic district as described
in the application or may include modifications thereof.
Upon a Commission decision to deny an application
for designation, the proceedings shall terminate. The Commission shall
file the decision to deny the application with the Village Clerk,
who shall mail a copy thereof to the applicant and the owner of the
subject property, and shall notify the Building Inspector and the
Village Board of Trustees. No application for designation of the same
landmark, landmark site or historic district may be filed for a period
of one year from the date the decision to deny the application is
filed with the Village Clerk.
A.
Within five days after the decision of the Commission
to recommend approval of the application for designation has been
executed, the Commission shall file a copy thereof with the Village
Clerk, who shall mail a copy thereof to the applicant and all owners
of the subject property, and shall notify the Building Department,
the Zoning Board of Appeals, the Planning Board, and the Board of
Trustees.
B.
Within 45 days after the filing of the decision of the commission with the Village Clerk, the Village Board of Trustees shall hold a public hearing regarding the recommended designation. Notice of the hearing shall be given to the persons, within the time limits, and in the manner indicated in § 80-503C above. The form of the notice shall comply with the provisions of § 80-503D above. The hearing may be continued by the Board of Trustees until the Board is satisfied that all testimony, evidence and information required by the Board for it to make its decision have been received.
C.
In reaching a decision, the Board of Trustees shall
consider all of the evidence, testimony, factors and criteria to be
considered by the Commission, and the Commission's decision, and shall
determine whether the Commission, in reaching its decision, properly
considered, interpreted and applied all matters presented to and to
be considered by the Commission. The Board of Trustees may designate
qualified consultants, including, but not limited to, technical experts,
engineers, architects and historians to advise and take part in the
hearing before, and deliberations of (but without a vote), the Board.
The Board of Trustees shall fix the compensation thereof.
A.
The Village Board of Trustees shall affirm or deny
the Commission's recommendation for designation of the landmark, landmark
site, or historic district within 60 days after the close of the public
hearing, including any continuance thereof. A majority vote of the
members of the Village Board of Trustees shall be required for affirmance
or denial of the Commission's recommendation. The decision of the
Board shall contain a full record of the findings and conclusions
of the Board.
B.
Within 10 days of the Village Board's approval or
disapproval of the Commission's recommendation for designation, the
Village Clerk shall notify the Commission, the Building Department,
the Zoning Board of Appeals, the Planning Board, the Architectural
Board of Review, the applicant and all owners of the subject property.
If the Village Board affirms the designation, the Village Clerk shall
also notify the Nassau County Board of Assessors.
C.
Whenever a landmark, a landmark site or historic district
has been designated, the Commission shall cause it to be identified
on the Landmark and Historic District Map.
All designated landmarks and historic districts
will be considered by the Commission for nomination to the State and
National Registers of Historic Places. If appropriate, the Commission
will prepare and file with the appropriate state and federal agencies
an application proposing such registration for the landmark or historic
district.
