[Amended 10-23-1984 by Ord. No. 84-ZC-132; 6-17-2003 by L.L. No. 21-2003 ]

A. The Town of Huntington was founded in 1653 and is rich in historical, architectural and cultural resources. It is the intention of the Huntington Town Board to preserve the Town's heritage by establishing a policy which will protect, enhance and perpetuate scenic landmarks, historic sites, structures and buildings; promote economic growth by attracting visitors to the community; enhance the cultural, educational and general welfare of the public; foster pride in the accomplishments of the past; and ensure the harmonious, orderly and efficient growth and development of the Town.

B. For the purpose of this article the following phrases shall have the following meanings:

HISTORIC DISTRICT -- A designated area, small or large, which contains within definable geographic boundaries one or more historic landmarks and which may have within its boundaries other properties or structures that, while not of such historic and/or architectural and/or aesthetic significance or interest to be designated as landmarks, nevertheless contribute to the overall visual characteristics of the landmark or landmarks located within the historic district.

HISTORIC LANDMARK OR HISTORIC SITE -- A parcel of land, whether or not developed, including its topographical features, earthworks and landscaping, or a structure designated as a "historic landmark" by action of the Town Board pursuant to this article.

PROPERTY OWNER -- A person or business entity having an ownership interest in and to a parcel of land and/or structure.

STRUCTURE -- 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.

[Added 6-17-2003 by L.L. No. 21-2003 ]

A. The Town Board may designate any parcel of land or structure a historic landmark if, in the determination of the Board, any one of the following factors is applicable and furthers the purpose of this chapter:

(1) Possesses special character, or historic or aesthetic interest, or value as part of the broad cultural, political, economic or social history of the Town, region, state or nation; or

(2) Is identified with historic personages or is the site of a historic event in the Town, region, 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 characteristic, or landscape, topographical features, earthworks or streetscape 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.

B. The Town Board may designate any area containing open spaces and/or structures as a historic district if the area:

(1) Contains one or more properties and/or structures which meet one or more of the criteria for designation as a landmark; and

(2) By reason of possessing such qualities, it constitutes a distinct section of the Town.

[Added 10-23-1984 by Ord. No. 84-ZC-132]

A. Purpose. There is hereby created in the Town of Huntington a Historic Preservation Commission for the purpose of conserving, protecting and perpetuating historic landmarks and districts in accordance with the purposes of this article.

B. Composition; terms of members.

(1) The Historic Preservation Commission shall consist of seven members. Among the membership, there shall be one architectural historian; one historian; one member of the New York State Bar and one real estate expert. In addition, all members of the Commission shall have demonstrated a knowledge of and interest in the history of the community.

(2) Members are to be appointed by the Town Board for terms of three years, provided that of those members first taking office, two shall be appointed for one year; two for two years; and three for three years. Members may serve for more than one term and each member shall serve until the appointment of a successor.

(3) In the event of a vacancy occurring during the term of a member of the Historic Preservation Commission, the Town Board shall make an appointment to complete the unexpired term of such member and where such member is required to have specific qualifications, such vacancy shall be filled by appointment in the manner herein prescribed with a person having the same qualifications.

(4) The Town Historian shall serve as an ex officio nonvoting member of the Commission and as Secretary of the Commission. [Amended 11-14-1990 by Ord. No. 95-ZC-19243; 6-6-1995 by Ord. No. 95-ZC-196]

(5) The members of the Commission shall serve without compensation, except that a stipend may be provided annually for the Secretary of the Commission by resolution and in the discretion of the Town Board.

C. Meetings; procedure.

(1) The Commission shall meet monthly and at such additional times as the Chairman of the Commission or a majority thereof may determine. The Commission shall keep the minutes of its meeting and proceedings. A quorum of the Commission shall be duly constituted with four of the members present. [Amended 6-17-2003 by L.L. No. 21-2003 ]

(2) The owner of the parcel of land and/or structure to be considered by the Commission for the purpose of possible designation as a historic landmark shall be given written notice of the date, time and place of the meeting. Said notice by the Commission shall be addressed to the property owner and mailed by regular and certified mail, return receipt requested, to the address shown on the current tax rolls maintained by the Town no later than fifteen (15) days prior to the meeting date. The property owner shall be entitled to address the Commission and to present any written documentation he/she deems advisable. In the event the Commission is to consider the possible designation of a historic district, notice shall be mailed to the owners of all properties and/or structures located within the proposed district. Each property owner shall be given an opportunity to be heard and to present written evidence to the Commission. If notice of such meeting is not provided, or is provided in a manner other than as prescribed herein, an appearance at the meeting by the property owner shall be deemed a waiver of any defect as to the property owned by such person. [Amended 9-10-2002 by L.L. No. 40-2002; 6-17-2003 by L.L. No. 21-2003 ]

(3) The provisions of § 198-40.2C(2) shall apply to referrals under § 198-41C for a certificate of approval, except that written notice to the applicant of the date, time and place of the meeting shall be mailed by regular mail no later than five (5) days prior to the meeting date. [Added 9-10-2002 by L.L. No. 40-2002; amended 10-28-2003 by L.L. No. 37-2003 ]

**Webmasters Note: The previous subsection has been amended as per Local Law No. 37-

2003.

(4) The Commission may adopt such other rules and/or regulations it deems advisable and/or necessary to effectuate the purpose of this article and perform its duties, including rules concerning the election of officers. [Added 9-10-2002 by L.L. No. 40-2002]

D. Powers and duties. The Commission shall:

(1) Recommend to the Town Board the designation of particular places, sites, structures and buildings as historic landmarks and the designation of areas as historic districts.

(2) Study all propositions for landmark or historic district status, whether initiated by the Commission or by outside applicants, and issue written reports and advisory recommendations concerning the proposals, stating the reasons for the recommendation in compliance with the stated purpose of this article.

(3) Study all applications for the certificates of approval required under § 198-42 of this article and issue written reports and recommendations stating the reasons for the recommendation in compliance with the stated purpose of this article.

(4) Review and issue written reports on all municipal proposals relative to uses or structures affecting a designated landmark or historic district.

(5) Make studies and inquiries in federal and state grants and tax incentive programs relative to the preservation or rehabilitation of designated historic landmarks and districts.

(6) Increase public awareness of the value of historic, architectural and cultural preservation by developing and participating in public information programs.

E. Expenses of the Commission. The Commission may pay for expenses incurred in carrying out its duties in implementing the intent of this article within the amounts appropriated by resolution of the Town Board.

[Added 10-23-1984 by Ord. No. 84-ZC-132; amended 9-10-2002 by L.L. No. 40-2002; 6-17-2003 by L.L. No. 21-2003 ]

The Town Board may designate a historic landmark or district, subject to the following procedures:

A. Property owners may petition the Town Board to designate their parcel of land and/or structure a historic landmark by filing a petition in the Office of the Huntington Town Clerk. A petition for creation of a historic district may be submitted to the Town Clerk if signed by thirty percent (30%) of the property owners in the proposed district.

B. The Huntington Historic Preservation Commission may petition the Town Board by filing with the Town Clerk for the designation of a historic landmark or district. The petition of the Commission shall contain the information set forth in § 198-40.3D(2)(a) through (d) and a statement as to whether the property owner, if he/she has appeared and spoken at the meeting of the Commission or submitted documentation to the Commission, is in favor or opposes the designation of his property as a historic landmark and his/her reasons; or, in the case of a proposed historic district, whether individual property owners who have appeared and spoken at the meeting or submitted documentation to the Commission are in favor or oppose the designation, their identities and reasons. The Commission shall mail a copy of its petition to the owner(s) of the parcel of land and/or structure(s) proposed for designation as a landmark; or, in the case of a proposed historic district, to the owners of each parcel and/or structure located within the proposed district, by regular mail at the addresses shown on the assessment rolls of the Town. An affidavit of mailing indicating the name and address of each property owner to which a copy of the petition has been mailed shall be filed with the Huntington Town Clerk by the Commission within ten business (10) days of filing its petition. [Amended 1-13-2004 by L.L. No. 4-2004 ]

**Webmasters Note: The previous subsection has been amended as per Local Law No. 4-2004.

C. In the case of an individual property owner who petitions the Town Board, the petition shall be accompanied by a copy of the latest deed to the property for which a petition is filed. In the event the petition is for a proposed historic district, each property owner petitioning the Board shall submit a copy of the latest deed to his/her own property within the district.

D. The Town Clerk shall, within five (5) business days of such filing, forward a copy of each petition and its attachments to the Department of Planning and Environment and to the Historic Preservation Commission for their review and evaluation. The Town Clerk shall also forward a copy of the petition and attachments to each member of the Town Board, the Department of Engineering Services and Town Attorney within such five-day period. In the event the Commission is the petitioner, such filing with the Commission by the Town Clerk is not required.

(1) Upon receipt of a petition, the Commission shall gather all relevant information. The Commission may petition the Town Board for permission to hire outside consultants including architects, engineers, planning consultants and other experts. The costs of such expert shall be borne by the Commission. In addition, all Town agencies shall cooperate with the Commission's fact-finding process.

(2) Unless otherwise extended by the Town Board, the Commission shall submit its findings and recommendations to the Board, the Town Clerk, the Department of Planning and Environment, the Department of Engineering Services and Town Attorney within ninety (90) days of the Commission's receipt of the petition. In addition, the Commission shall forward a copy of its report to the property owner of the property under review, or, in the case of a proposed historic district, to the owner of each parcel and/or structure located within the district, by regular mail at the addresses shown on the assessment rolls of the Town. The Commission's findings and recommendations shall include a statement as to whether the property owner, who has appeared and spoken at the meeting of the Commission or submitted documentation to the Commission, is in favor or opposes the designation of his property as a historic landmark and his/her reasons; or, in the case of a proposed historic district, whether individual property owners who have appeared and spoken at the meeting of the Commission or submitted documentation to the Commission are in favor or oppose the designation, their identities and reasons. The Commission's report shall be advisory in nature. The following factors shall be considered by the Commission:

(a) The age of the proposed landmark, or places and structures within the proposed district and one or more of the factors set forth in § 198-40.1; and

(b) The general condition of the proposed historic landmark, or places and structures within the proposed historic district; and

(c) The relationship of the proposed historic landmark or district and the immediate surrounding area; and

(d) The extent of the hardship such designation would create for the property owner(s).

(3) The findings and recommendations of the Historic Preservation Commission shall be available for inspection by members of the public in the Office of the Town Clerk during business hours.

E. If, at its sole discretion, the Town Board chooses to entertain the application, it shall schedule a public hearing on the proposed designation of a historic landmark or district within forty-five (45) days of receipt of the Commission's findings and recommendations or of receipt of the report of the Department of Planning and Environment, whichever occurs last. If the Town Board fails to schedule a public hearing within such period then the petition shall be deemed denied in all respects. [Amended 7-5-2005 by L.L. No. 27-2005]

**Webmasters Note: The previous subsection has been amended as per Local Law No. 27-

2005.

F. Notice of the public hearing shall be published in the official newspaper(s) of the Town by the Town Clerk at least ten (10) days prior to the hearing date. Notice of the public hearing shall be mailed by the Department of Planning and Environment to the owner, as shown on the tax rolls of the Town, of the proposed landmark or, upon the owner of each parcel and/or structure located within the proposed historic district by regular mail at least ten (10) days in advance of the hearing. In addition, notice thereof shall be mailed by the Department of Planning and Environment by regular mail upon the owners, as shown on the tax rolls of the Town, of all properties lying within two hundred (200) feet of the exterior boundary lines of the proposed historic landmark or district. A copy of the notice and proof of mailing shall be filed in the Office of the Huntington Town Clerk by the Department of Planning and Environment no later than four (4) days prior to the hearing. [Added 7-5-2005 by L.L. No. 27-2005]

**Webmasters Note: The previous subsection has been added and the following subsections re-lettered as per Local Law No. 27-2005.

G. The Town Board may on its own motion call witnesses, including architects, engineers, planning consultants or other experts, and may consider such other evidence it deems necessary or advisable at the public hearing.

H. In determining whether or not to designate a new historic landmark or district, the Town Board shall consider the factors listed in § 198-40.1; the testimony of the property owner or purchaser; the testimony of any expert presented by the owner or purchaser; and the findings and recommendations of the Historic Preservation Commission. The Commission's report is advisory in nature and the final decision is reserved to the Town Board.

I. Within ninety (90) days of the public hearing, the Town Board shall render its decision on the proposed designation. If the Town Board fails to act within ninety (90) days, or fails to extend the period in which to act, the designation shall be deemed to have been denied.

J. The decision of the Town Board is final and shall be filed in the Office of the Town Clerk. The Board's decision shall be forwarded by the Department of Planning and Environment to the owners of all properties considered by the Board, by regular mail within fourteen (14) days of the Town Board's decision.

K. The Department of Planning and Environment shall notify the Department of Engineering Services, the Planning Board, and the Zoning Board of Appeals of the designation of a new historic landmark or district. [Amended 1-13-2004 by L.L. No. 4-2004 ]

**Webmasters Note: The previous subsection has been amended as per Local Law No. 4-2004.

L. The Town Board's designation of historic landmarks or districts shall be recorded as an amendment to this chapter. In the case of a historic district, its boundaries shall be clearly and accurately set forth.