[HISTORY: Adopted by the Board of Trustees
of the Village of Northport as indicated in article histories. Amendments
noted where applicable.]
[Adopted 6-5-2007 by L.L. No. 7-2007[1]]
[1]
Editor's Note: Section 3, Applicability, of
this local law stated that its provisions "shall apply to all lands
situated in whole or in part within the boundaries of the Central
Business A and Central Business B Zoning Districts."
It is the intention of the Board of Trustees
of the Incorporated Village of Northport to enact legislation to preserve
the Village's heritage and character by establishing a policy which
will protect, enhance and perpetuate historic sites, structures and
buildings in the Central Business A and Central Business B Zoning
Districts. The Board finds that such regulation will enhance the cultural,
educational, economic and general welfare of the public, and ensure
the harmonious, orderly and efficient growth and development of the
Village consistent with its unique heritage and character.
For the purposes of this article, the following
phrases shall have the following meanings.
Any work on a structure for which a building permit is required
and any material change to the exterior appearance of a structure,
excluding cleaning and minor repairs; includes the refacing or resurfacing
of the exterior facade of a structure or building in any manner which
would substantially and significantly affect its character and appearance,
as well as an act or process which substantially and significantly
changes one or more of the exterior architectural features of a building
or structure. The term "alteration" shall include the attachment of
gates, fences, bars or other such devices to the windows or exterior
facade of a structure or building.
The destruction of an entire structure, whether or not the
foundation is also destroyed pursuant to the requirements of a duly
issued demolition permit.
The property, including any structures and/or buildings which
are located on said property, which the Board of Architectural and
Historic Review has determined is subject to historic review under
this article.
The review of applications for demolition or alteration of
structures within the Central Business A and Central Business B Zoning
Districts which the Board of Architectural and Historic Review has
determined meet the criteria for such review pursuant to this article.
Structures which the Board of Architectural and Historic
Review has determined pursuant to this article to be subject to historic
review.
A person or business entity having an ownership interest
in and to a parcel of land and/or structure.
Deterioration of exterior walls or other vertical supports;
deterioration of roofs or other horizontal members; deterioration
of exterior chimneys; deterioration or crumbling of exterior facade,
stucco, shingles or mortar; ineffective waterproofing of exterior
walls, roofs or foundation, including broken windows or doors; deterioration
of any feature so as to create a hazardous and unsafe condition, which
may result in a claim that demolition, in whole or in part, is necessary
to protect the public safety.
Anything constructed or erected, the use of which requires
permanent or temporary location on or in the ground, including but
not limited to objects, buildings, outbuildings, fences, decks, statuary,
pillars, columns, steps, stairways, gazebos, walls, sidewalks, walkways,
pavements, signs, billboards, towers, swimming pools, and other objects
or improvements.
The application of partial tax exemption as provided for in Real Property Tax Law § 444-a, as approved by the Tax Assessor of the Village of Northport pursuant to § 14-9 herein.
No demolition or building permit may be issued
for any structures located within the Central Business A or B zoning
districts unless an application to demolish or to make alterations
or to erect has first been approved by the Board of Architectural
and Historic Review as follows:
A.
Upon receipt of a written request for permission to erect a structure or demolish or make alterations to a structure in the Central Business A and Central Business B Zoning Districts made to any Village official, such request shall be referred to the Board of Architectural and Historic Review, which shall schedule a public hearing on the application to be held as soon as practicable but in no event later than 60 days from the time the application is complete. Upon conclusion of the public hearing, the Board shall make a written determination whether historic review is required within 45 days, applying the criteria set forth in § 14-4 of this article. If it finds that historic review is not required, then it shall grant authorization to demolish and/or make alterations, subject to such Code requirements that otherwise apply. Nothing contained in such authorization shall be construed to waive any other Code or other lawful requirements.
B.
The determination of the Board of Architectural and Historic Review regarding whether historic review under this article is required shall be final and binding for all present and future applications to demolish or make alterations to the subject structure, unless this article is amended, in which case the provisions of such amendment shall apply, and subject to the right of the property owner to file a hardship application as provided for in § 14-7 herein.
C.
A property owner may consent to historic review at
the time he/she submits an application for a building or demolition
permit. Such consent shall be made in a form as prescribed by the
Board of Architectural and Historic Review. It will preclude the need
for a public hearing to determine whether historic review is required
and operate the same as if the Board had made a finding that historic
review is required.
D.
In making the determination whether historic review
is required, the Board of Architectural and Historic Review shall
receive such evidence as any interested party may wish to submit.
In the event the Board determines that it requires independent expert
review, it may authorize same. The fee of such expert shall be paid
by the Village.
E.
In the event the Board of Architectural and Historic Review finds that historic review pursuant to this article is required, it shall thereafter apply the standards set forth in § 14-5 to determine whether to grant, deny or conditionally grant an application for a permit to demolish or make alterations to the structure(s) and property which was the subject of such determination by the Board.
F.
The Board of Architectural and Historic Review has
discretion to combine any public hearings it may hold pursuant to
a single building or demolition permit application, including hearings
on the following:
G.
The Village shall take such measures as appropriate
to ensure that Village records note those structures or properties
within the Central Business A and Central Business B Zoning Districts
that have been determined by the Board of Architectural and Historic
Review as requiring historic review. These measures may include, but
shall not be limited to, maintaining an official list of such properties
and structures, along with a copy of the Board's determination and
a description of the structures to which this restriction applies,
and updating assessment records, building cards and related records.
A.
The Board of Architectural and Historic Review shall
determine if historic review is required based upon the criteria set
forth in this subsection. The Board may make such finding if any one
of the following factors are applicable and furthers the purpose of
this article. In making such determination, the Board must find that
substantial evidence supports the finding that historic review is
required with respect to the specific structure(s) in issue. To be
the subject of historic review, the Board of Architectural and Historic
Review must make findings based upon substantial evidence that the
property and/or structure(s):
(1)
Possesses special character or historic or aesthetic
interest or value as part of the cultural, political, economic or
social history of the Village, region, state or nation; or
(2)
Is identified with historic personages or is the site
of an historic event in the Village, state or nation; or
(3)
Embodies the distinguishing characteristics of a type,
period, style or method of architecture or engineering; or
(4)
Is the work of an important builder, designer, artist
or architect whose work has significantly influenced an age; or
(5)
Because of its unique location or singular physical
characteristics or landscape, represents an established and familiar
visual or aesthetic feature of the neighborhood; or
(6)
Is significant for containing elements of design,
details, materials or craftsmanship which represent a significant
innovation; or
(7)
Has special historical significance to the Village
of Northport, Town of Huntington, County of Suffolk, State of New
York, or to the United States of America by reason of famous events
or the antiquity or uniqueness of architectural construction or design;
or
(8)
Will promote the public health, safety and/or general
welfare if determined to be subject to historic review under this
article; or
(9)
Will preserve and enhance Village property values,
heritage, character and quality if determined to be subject to historic
review.
B.
In addition to the criteria set forth above, the following
factors shall be considered and discussed by the Board in its decision
providing findings regarding historic review of structures:
C.
Filing with Suffolk County Clerk. Within 30 days after
the date on which the Board of Architectural and Historic Review finds
that a structure or a property is subject to historic review or revokes
or modifies such finding, the Village Attorney shall cause to be filed
in the office of deeds of the Suffolk County Clerk a certificate evidencing
this action.
D.
A property and/or structure that has been determined to be subject to historic review under this article shall be entitled to a partial tax exemption as provided for in § 14-9 herein pursuant to Real Property Tax Law § 444-a. This partial tax exemption shall be effective only for so long as the subject property remains subject to historic review under this article, as may be amended by the Board of Trustees from time to time. Furthermore, in the event a court of competent jurisdiction finds that a violation of this article has occurred, then the Board of Trustees may reduce or eliminate the partial tax exemption based upon the degree and time period of the violation. At least 10 days' notice of action pursuant to this subsection shall be given to the affected property owner.
No person shall carry on any exterior alteration,
restoration, reconstruction, demolition or new construction or moving
of structure(s) nor shall any person make any material change in the
appearance of such property, its exterior light fixtures, signs, sidewalks,
fences, steps, paving, or other exterior elements which affect the
appearance and cohesiveness of the structures located on said properties,
which the Board of Architectural and Historic Review has determined
is required to submit to historic review under this article, without
first obtaining a permit from the Board of Architectural and Historic
Review:
A.
No work shall be commenced and no Village official
shall grant, issue or release a demolition permit or a building permit
to erect, construct, reconstruct, repair, restore, renovate, rehabilitate
or alter any building or structure where the Board of Architectural
and Historic Review has determined that such structure(s) and/or property
are subject to historic review under this article if it will change
the exterior design or appearance thereof unless a permit has been
granted by the Board of Architectural and Historic Review, and no
improvement, building or structure on such a location shall be moved,
demolished or razed, in whole or in part, unless such permit has been
approved. The permit required in this article shall be in addition
to and not in lieu of any building or demolition permit or other approval
required by all applicable local, state and federal laws, rules, regulations
and ordinances.
B.
Nothing contained in this section is intended to prohibit
the construction, reconstruction, maintenance, repair, alteration,
improvement or rehabilitation of public highways, streets, roads,
walkways, sidewalks, bridges, culverts, sewer and drainage facilities,
water facilities and other public property by Village, Town, County,
state and/or federal agencies or utility companies.
C.
Nothing contained in this section is intended to prevent
changes to the interior of an improvement, building or structure;
or intended to prevent the ordinary maintenance and such repairs as
do not change an exterior architectural feature, the exterior design,
material, or outward appearance of an improvement to a building or
structure which has been determined to be required to submit to historic
review under this article.
D.
This section is not intended to prevent the erection,
construction, reconstruction, restoration, rehabilitation, repair,
alteration or demolition of any part of an existing exterior feature
or facade which, in the opinion of the Building Inspector and/or the
Fire Marshal presents an immediate safety hazard and requires an immediate
emergency repair to preserve the structure or to safeguard the health
and safety of its occupants or other persons. The term "emergency
repair" shall not include major replacements/repairs and is limited
to the work necessary to stabilize the structure or to protect the
safety of occupants or the public. No additional work is to be performed
until a required permit has been requested by the applicant and granted
by the Board of Architectural and Historic Review and all other required
approvals and permits are obtained.
E.
Nothing in this article is intended to relieve a property
owner from obtaining a building or demolition permit or other approvals
required by local, state and/or federal law, rules, regulations and
ordinances. The work performed shall be in compliance with all applicable
requirements.
F.
Following the procedures set forth below in § 14-8, the Board shall make written findings granting, denying or granting with conditions the application for a permit to demolish and/or make alterations to a structure or property subject to historic review under this article. Such determination shall be based upon a consideration of the following factors as they relate to the historic significance of the structure or property:
(1)
The impact of the proposed changes on the special
character or historic, architectural, engineering, cultural or aesthetic
interest or value of the structure or site and/or the surrounding
properties and/or structures, including other properties and structures
within the Central Business A and Central Business B Zoning Districts;
(2)
The general design, character and appropriateness
to the property of the proposed action;
(3)
The scale of the proposed construction or alteration
in relation to the property itself, surrounding properties and the
neighborhood;
(4)
Whether the proposed construction or alteration is
visually compatible with the textures, materials and colors of the
facade and roof of the existing building or structure, and its proportion
and configuration;
(5)
The legally permitted use of the property and of the
improvements, buildings and structures therein;
(6)
Any other factor which in the opinion of the Board
is relevant or necessary;
(7)
In the event of an application to raze or demolish,
in whole or in part, a structure subject to this article, the Board
shall, in addition to the foregoing, consider the structural condition
and the economic feasibility of alternatives to the proposal; and
the importance to the Village and the extent to which its special
character or architectural, engineering, cultural, historic or aesthetic
interest or value is such that its removal would be detrimental to
the public interest or its retention would benefit the community;
(8)
The applicant shall use such materials in the erection
or alteration of a structure as the Board determines are reasonable
under all of the circumstances. The Board may allow the use of substitute,
artificial materials, in accordance with the United States Secretary
of the Interior's standards for rehabilitation and guidelines for
rehabilitating historic buildings, in lieu of original, authentic
style materials if the historic appearance and character of the structure
can be maintained. The Board should also allow such substitute materials
if the applicant demonstrates a substantial hardship if required to
use original, authentic materials.
A.
No owner or person with an interest in any building
or structure on a property within the Central Business A or Central
Business B Zoning District shall permit the same to fall into a serious
state of disrepair so as to result in the deterioration of any exterior
historic or scenic features, including but not limited to:
(1)
Deterioration of exterior walls or other vertical
supports;
(2)
Deterioration of roofs or other horizontal members;
(3)
Deterioration of exterior chimneys;
(4)
Deterioration or crumbling of exterior facade, stucco,
shingles or mortar;
(5)
Deterioration of exterior building ornamentation and
facade projections, including awnings, gingerbread, and moulding;
(6)
Ineffective waterproofing of exterior walls, roofs
or foundation, including broken windows or doors;
(7)
Deterioration of any feature so as to create a hazardous
and unsafe condition, which may result in a claim that demolition,
in whole or in part, is necessary to protect the public safety;
(8)
Deterioration of appearance, which has resulted in
a worn, shabby or dilapidated facade or overgrown site.
B.
An owner or person with an interest in any building
or structure within the Central Business A and Central Business B
Zoning Districts who causes, permits and/or allows the same to fall
into a serious state of disrepair shall be in violation of this section
and shall be required to restore the open space, place, improvement,
building or structure to its appearance prior to the violation.
A.
The Board of Architectural and Historic Review must consider the hardship to a property owner in making all determinations under this article, including but not limited to imposing the historic review requirement; denying in whole or in part a request to demolish or make alterations to a structure subject to historic review; and revoking or modifying a prior determination made by the Board under this article. The Board must conduct a public hearing on notice as provided for in § 14-8 on all requests for relief based upon hardship. A separate public hearing on a request for this relief does not have to be held if this request is considered at a duly noticed public hearing regarding the subject structure.
B.
With respect to a request to revoke or modify a determination made by the Board under this article, the petitioner shall demonstrate that there has been a substantial change in one or more of the factors set forth in §§ 14-4 and 14-5 and/or that the requirement that the structure undergo historic review under this article has created an unreasonable hardship as set forth in § 14-8. Revocation and/or modification of a determination, in whole or in part, shall be reserved for rare instances where change, not attributable to any deliberate conduct on the part of the owner or purchaser, has made continued historic review inconsistent with the purposes of this article and has worked an unreasonable hardship upon such owner or purchaser.
C.
A property owner may claim hardship to oppose a finding
that historic review under this article is required for one or more
of the structures on a property. A property owner may also claim hardship
with respect to a request to demolish or make alterations to any structures
on property located within the Central Business A or Central Business
B Zoning Districts. The hardship claim can be made regarding an entire
application or with respect to specific features of a proposal to
alter the premises. The burden is upon the property owner to establish
the existence of hardship by providing evidence of the following to
the satisfaction of the Board of Architectural and Historic Review:
(1)
The property is incapable of earning a reasonable
return, regardless of whether the return represents the most profitable
return possible. The property owner shall provide dollars and cents
proof to demonstrate that the claim of hardship is well founded; and
(2)
The property cannot be adapted for any other use permitted
by the Zoning Ordinance in the zoning district in which the property
is located, whether by the current owner or by a purchaser, which
would result in a reasonable return; and
(3)
Good-faith efforts to find a purchaser interested
in acquiring and preserving the property and its structure(s) have
failed.
A.
A written request as required under this article,
including for a determination of whether historic review is required,
for a permit to demolish or make alterations to a structure or property
subject to historic review, to revoke or modify any prior determinations
made by the Board of Architectural and Historic Review under this
article, and/or for relief based upon hardship, shall be filed in
the office of the Village Clerk. Ten copies of each of the following
shall be filed: the written request; the current deed to the property;
all rental agreements concerning the property in effect within three
years prior to the application date; a survey with all existing structures
on the property certified by a licensed surveyor; and, with respect
to proposed renovations: architectural plans; schedule of proposed
materials and colors; color rendering; samples of materials; photographs
of existing structures and site; photographs of properties and structures
located within 500 feet of the subject; and such other reports and
information as is specifically relevant to the application, together
with any other items as the Board may require. The Village Clerk shall
retain one copy and shall forthwith forward all other copies to the
Board of Architectural and Historic Review, which shall schedule a
public hearing to be held within 45 days of receipt of a completed
application and thereafter issue a determination in compliance with
the relevant requirements of this article. The property owner shall
have the right to present evidence in support of the request.
B.
Notice of any public hearing required under this article shall be published in the issue of the official newspaper of the Village preceding the date of such hearing. The cost of said publication shall be borne by the applicant, which shall be paid in full prior to publication in accordance with the procedures set forth in Northport Code § 147-4. The failure to pay the required fee shall toll the time period for the scheduling of the public hearing. Applicants shall serve, personally or by mail, a written notice, setting forth the nature and substance of the application and the time and place of the hearing at which the application shall be heard by the Board, upon all owners of property shown on the current assessment rolls of the Village of Northport any part of which is located within 500 feet of the structure to which the application relates. A second distribution of said notice shall be addressed to "Occupants" of said properties. Such notice shall be served by mail not less than 10 days or by personal service not less than seven days prior to the date of the hearing, and proof of proper service, in affidavit form, shall be submitted to the Board by the applicant at or prior to the hearing. The subject property shall be posted with a notice of the public hearing within five days of the public hearing.
C.
Within 60 days of a filing of a determination of the
Board of Architectural and Historic Review made pursuant to this article,
an aggrieved party may file a written appeal to the Board of Trustees
by filing same with the Village Clerk. This appeal is limited to the
record made before the Board of Architectural and Historic Review.
No new evidence shall be permitted to be submitted to or considered
by the Board of Trustees, which may affirm or remand the determination
to the Board of Architectural and Historic Review to reconsider based
upon the written determination of the Board of Trustees. This appeal
shall be by submission only, except that an aggrieved party may request
permission to make an oral argument to the Board of Trustees, which
has discretion to grant or deny this request, which request shall
be made in writing at the time of the filing of the appeal. All written
submissions to the Board of Trustees must be filed no later than 60
days from the date of filing of the determination of the Board of
Architectural and Historic Review appealed from. Upon filing of a
written determination by the Board of Trustees which affirms the determination
appealed from, an aggrieved party may commence an Article 78 proceeding
in accordance with the Civil Practice Law and Rules. In the event
the Board of Trustees remands the determination, then the aggrieved
party must exhaust administrative remedies and appeals prior to commencement
of an Article 78 proceeding.
D.
In recognition of the separate jurisdictions of the
Board of Architectural and Historic Review, the Planning Board and
the Board of Zoning Appeals, as defined by state and local law, a
determination by one of these boards to grant or approve an application
may not be considered as evidence in support of an application regarding
the same premises and same project to any other board.
E.
Where a proposed erection, demolition or alteration
requires approvals from more than one board, the applicant shall first
obtain approval from the Board of Architectural and Historic Review
and may thereafter apply for appropriate relief to the Board of Zoning
Appeals and/or Planning Board.
A.
Pursuant to § 444-a of the Real Property
Tax Law of the State of New York, the Board of Trustees of the Village
of Northport, after due consideration, has provided for a partial
real property tax exemption for qualified alterations and rehabilitation
of certain historic real property not to exceed the amounts specified
therein.
B.
No exemption shall be granted for such alterations
or rehabilitation unless:
(1)
Such property has been found to be subject to historic
review by the Board of Architectural and Historic Review;
(2)
Alterations or rehabilitation must be made for means
of historic preservation;
(3)
Such alterations or rehabilitation of historic property
are approved by the Board of Architectural and Historic Review prior
to commencement of work;
(4)
The alterations or rehabilitation must otherwise result
in an increase in the assessed valuation of the real property; and
(5)
Alterations or rehabilitation are commenced subsequent
to the effective date of this article.
C.
Such historic property shall be exempt from taxation
to the extent of any increase in value attributable to such alteration
or rehabilitation pursuant to the following schedule:
|
Year of Exemption
|
Percent of Exemption
| |
|---|---|---|
|
1
|
100%
| |
|
2
|
100%
| |
|
3
|
100%
| |
|
4
|
100%
| |
|
5
|
100%
| |
|
6
|
80%
| |
|
7
|
60%
| |
|
8
|
40%
| |
|
9
|
20%
| |
|
10
|
0%
|
D.
Application for exemption; approval.
(1)
The exemption may be granted only upon application
of the owner or owners of such historic real property on a form prescribed
by the New York State Office of Real Property Services, or any successor
agency.
(2)
The application must be filed with the Assessor on
or before the appropriate taxable status date.
(3)
The exemption shall be granted where the Assessor
is satisfied that the applicant is entitled to an exemption pursuant
to this section.
E.
All of the terms, conditions and exceptions as set
forth in § 444-a of the Real Property Tax Law of the State
of New York, as amended, are adopted herein unless otherwise specified,
as though fully set forth within this article.
A.
No person, firm or corporation, including but not
limited to owner(s), occupant(s), contractor(s) or agents, employees
or representatives of same, shall demolish, construct, reconstruct
or alter any building or structure within the Central Business A and
Central Business B Zoning Districts of the Village of Northport if
the demolition or building permit application for such work has been
referred to the Board of Architectural and Historic Review for its
approval unless and until said Board has approved such application
and a building permit has been issued by the Code Compliance Director
and all other legal requirements have been satisfied.
B.
All work performed pursuant to a permit issued under
this article shall conform to any requirements included therein. It
shall be the duty of the Building Code Enforcement Officer(s) to inspect
periodically any such work to assure compliance. In the event work
is found that is not being performed in accordance with the permit,
the Building Code Enforcement Officer shall issue a stop-work order
and all work shall immediately cease. No further work shall be undertaken
in the project so long as a stop-work order is in effect.
C.
Each violation of this article shall be punishable
by a fine of not more than $1,000, 15 days' imprisonment, or both,
and a separate offense shall be deemed committed on each day during
or on which a violation occurs or continues. In addition to such fine,
the violator shall pay all costs and expenses incurred by the Village
in proving such violation.
D.
The Building Inspector or any other enforcement officer
of the Village of Northport may place a stop-work order on any violation
discovered during the demolition, construction/building process. The
Building Inspector or any other enforcement officer of the Village
may at any time refuse to issue, or revoke, a certificate of occupancy
for the building or other improvements constructed or being constructed
on the site in violation of this article until the applicant or other
responsible person has taken the remedial measures set forth in the
notice of violation or has otherwise cured the violations described
therein.
The owner of the property and any person who
demolishes, alters, constructs, or permits a property subject to this
article to fall into a serious state of disrepair in violation of
this article shall be required to restore the property and its site
to its appearance prior to the violation, if directed to do so by
the Board of Trustees, which shall make such determination at a public
hearing where substantial evidence establishes that a violation as
described herein occurred. Ten days' notice of the public hearing
shall be made by written notice to the property owner and occupant
and by publication in the official newspaper of the Village. Any action
to enforce this subsection shall be brought by the Village Attorney.
The Village shall be entitled to recover the costs of such civil action,
including reasonable attorney's fees, if it prevails in such action
by settlement or court determination. This civil remedy shall be in
addition to and not in lieu of any criminal prosecution and penalty.
