Section 25-301
§ 25-301 Purpose and declaration of public policy. a. The council
finds that many improvements, as herein defined, and landscape features,
as herein defined, having a special character or a special historical or
aesthetic interest or value and many improvements representing the
finest architectural products of distinct periods in the history of the
city, have been uprooted, notwithstanding the feasibility of preserving
and continuing the use of such improvements and landscape features, and
without adequate consideration of the irreplaceable loss to the people
of the city of the aesthetic, cultural and historic values represented
by such improvements and landscape features. In addition, distinct areas
may be similarly uprooted or may have their distinctiveness destroyed,
although the preservation thereof may be both feasible and desirable. It
is the sense of the council that the standing of this city as a world
wide tourist center and world capital of business, culture and
government cannot be maintained or enhanced by disregarding the
historical and architectural heritage of the city and by countenancing
the destruction of such cultural assets.
b. It is hereby declared as a matter of public policy that the
protection, enhancement, perpetuation and use of improvements and
landscape features of special character or special historical or
aesthetic interest or value is a public necessity and is required in the
interest of the health, prosperity, safety and welfare of the people.
The purpose of this chapter is to (a) effect and accomplish the
protection, enhancement and perpetuation of such improvements and
landscape features and of districts which represent or reflect elements
of the city's cultural, social, economic, political and architectural
history; (b) safeguard the city's historic, aesthetic and cultural
heritage, as embodied and reflected in such improvements, landscape
features and districts; (c) stabilize and improve property values in
such districts; (d) foster civic pride in the beauty and noble
accomplishments of the past; (e) protect and enhance the city's
attractions to tourists and visitors and the support and stimulus to
business and industry thereby provided; (f) strengthen the economy of
the city; and (g) promote the use of historic districts, landmarks,
interior landmarks and scenic landmarks for the education, pleasure and
welfare of the people of the city.
Section 25-302
§ 25-302 Definitions. As used in this chapter, the following terms
shall mean and include:
a. "Alteration." Any of the acts defined as an alteration by the
building code of the city.
b. "Appropriate protective interest." Any right or interest in or
title to an improvement parcel or any part thereof, including, but not
limited to, fee title and scenic or other easements, the acquisition of
which by the city is determined by the commission to be necessary and
appropriate for the effectuation of the purpose of this chapter.
c. "Capable of earning a reasonable return." Having the capacity,
under reasonably efficient and prudent management, of earning a
reasonable return. For the purposes of this chapter, the net annual
return, as defined in subparagraph (a) of paragraph three of subdivision
v of this section, yielded by an improvement parcel during the test
year, as defined in subparagraph (b) of such paragraph, shall be
presumed to be the earning capacity of such improvement parcel, in the
absence of substantial grounds for a contrary determination by the
commission.
c-1. "Chair." The chair of the landmarks preservation commission.
d. "City-aided project." Any physical betterment of real property,
which:
(1) may not be constructed or effected without the approval of one or
more officers or agencies of the city; and
(2) upon completion, will be owned in whole or in part by any person
other than the city; and
(3) is planned to be constructed or effected, in whole or in part,
with any form of aid furnished by the city (other than under this
chapter), including, but not limited to, any loan, grant, subsidy or
other mode of financial assistance, exercise of the city's powers of
eminent domain, contribution of city property, or the granting of tax
exemption or tax abatement; and
(4) will involve the construction, reconstruction, alteration or
demolition of any improvement in a historic district or of a landmark.
e. "Commission." The landmarks preservation commission.
f. "Day." Any day other than a Saturday, Sunday or legal holiday;
provided, however, that for the purposes of section 25-303 and
subdivision d of section 25-317 of this chapter, the term "day" shall
mean every day in the week.
f-1. "Designation report." The report prepared by the commission and
used as a basis for designating a landmark or historic district pursuant
to this chapter.
g. "Exterior architectural feature." The architectural style, design,
general arrangement and components of all of the outer surfaces of an
improvement, as distinguished from the interior surfaces enclosed by
said exterior surfaces, including, but not limited to, the kind, color
and texture of the building material and the type and style of all
windows, doors, lights, signs and other fixtures appurtenant to such
improvement.
h. "Historic district." Any area which:
(1) contains improvements which:
(a) have a special character or special historical or aesthetic
interest or value; and
(b) represent one or more periods or styles of architecture typical of
one or more eras in the history of the city; and
(c) cause such area, by reason of such factors, to constitute a
distinct section of the city; and
(2) has been designated as a historic district pursuant to the
provisions of this chapter.
i. "Improvement." Any building, structure, place, work of art or other
object constituting a physical betterment of real property, or any part
of such betterment.
j. "Improvement parcel." The unit of real property which (1) includes
a physical betterment constituting an improvement and the land embracing
the site thereof, and (2) is treated as a single entity for the purpose
of levying real estate taxes, provided however, that the term
"improvement parcel" shall also include any unimproved area of land
which is treated as a single entity for such tax purposes.
k. "Interior." The visible surfaces of the interior of an improvement.
l. "Interior architectural feature." The architectural style, design,
general arrangement and components of an interior, including, but not
limited to, the kind, color and texture of the building material and the
type and style of all windows, doors, lights, signs and other fixtures
appurtenant to such interior.
m. "Interior landmark." An interior, or part thereof, any part of
which is thirty years old or older, and which is customarily open or
accessible to the public, or to which the public is customarily invited,
and which has a special historical or aesthetic interest or value as
part of the development, heritage or cultural characteristics of the
city, state or nation, and which has been designated as an interior
landmark pursuant to the provisions of this chapter.
n. "Landmark." Any improvement, any part of which is thirty years old
or older, which has a special character or special historical or
aesthetic interest or value as part of the development, heritage or
cultural characteristics of the city, state or nation, and which has
been designated as a landmark pursuant to the provisions of this
chapter.
o. "Landmark site." An improvement parcel or part thereof on which is
situated a landmark and any abutting improvement parcel or part thereof
used as and constituting part of the premises on which the landmark is
situated, and which has been designated as a landmark site pursuant to
the provisions of this chapter.
p. "Landscape feature." Any grade, body of water, stream, rock, plant,
shrub, tree, path, walkway, road, plaza, fountain, sculpture or other
form of natural or artificial landscaping.
q. "Minor work." Any change in, addition to or removal from the parts,
elements or materials comprising an improvement, including, but not
limited to, the exterior architectural features or interior
architectural features thereof and, subject to and as prescribed by
regulations of the commission if and when promulgated pursuant to
section 25-319 of this chapter, the surfacing, resurfacing, painting,
renovating, restoring or rehabilitating of the exterior architectural
features or interior architectural features or the treating of the same
in any manner that materially alters their appearance, where such
change, addition or removal does not constitute ordinary repairs and
maintenance and is of such nature that it may be lawfully effected
without a permit from the department of buildings.
q-1. "Offense." As used in the phrase "second and subsequent offense",
a violation encompassing some or all of the conditions or actions
described or encompassed by a prior notice of violation or summons. For
purposes of this definition, there shall be a presumption that the
conditions encompassed by a second or subsequent offense have been in
existence for each day between the time the respondent admits to
liability or is found liable for or guilty of the prior offense and the
time the second or subsequent notice of violation or summons is served.
r. "Ordinary repairs and maintenance." Any:
(1) work done on any improvement; or
(2) replacement of any part of an improvement;
for which a permit issued by the department of buildings is not required
by law, where the purpose and effect of such work or replacement is to
correct any deterioration or decay of or damage to such improvement or
any part thereof and to restore same, as nearly as may be practicable,
to its condition prior to the occurrence of such deterioration, decay or
damage.
s. "Owner." Any person or persons having such right to, title to or
interest in any improvement so as to be legally entitled, upon obtaining
the required permits and approvals from the city agencies having
jurisdiction over building construction, to perform with respect to such
property any demolition, construction, reconstruction, alteration or
other work as to which such person seeks the authorization or approval
of the commission pursuant to section 25-309 of this chapter.
t. "Person in charge." The person or persons possessed of the freehold
of an improvement or improvement parcel or a lesser estate therein, a
mortgagee or vendee in possession, assignee of rents, receiver,
executor, trustee, lessee, agent or any other person directly or
indirectly in control of an improvement or improvement parcel.
u. "Protected architectural feature." Any exterior architectural
feature of a landmark or any interior architectural feature of an
interior landmark.
v. "Reasonable return." (1) A net annual return of six per centum of
the valuation of an improvement parcel.
(2) Such valuation shall be the current assessed valuation established
by the city, which is in effect at the time of the filing of the request
for a certificate of appropriateness; provided that:
(a) The commission may make a determination that the valuation of the
improvement parcel is an amount different from such assessed valuation
where there has been a reduction in the assessed valuation for the year
next preceding the effective date of the current assessed valuation in
effect at the time of the filing of such request; and
(b) The commission may make a determination that the value of the
improvement parcel is an amount different from the assessed valuation
where there has been a bona fide sale of such parcel within the period
between March fifteenth, nineteen hundred fifty-eight, and the time of
the filing of such request, as the result of a transaction at arm's
length, on normal financing terms, at a readily ascertainable price, and
unaffected by special circumstances such as, but not limited to, a
forced sale, exchange of property, package deal, wash sale or sale to a
cooperative. In determining whether a sale was on normal financing
terms, the commission shall give due consideration to the following
factors:
(1) The ratio of the cash payment received by the seller to (a) the
sales price of the improvement parcel and (b) the annual gross income
from such parcel;
(2) The total amount of the outstanding mortgages which are liens
against the improvement parcel (including purchase money mortgages) as
compared with the assessed valuation of such parcel;
(3) The ratio of the sales price to the annual gross income of the
improvement parcel, with consideration given, where the improvement is
subject to residential rent control, to the total amount of rent
adjustments previously granted, exclusive of rent adjustments because of
changes in dwelling space, services, furniture, furnishings, or
equipment, major capital improvements, or substantial rehabilitation;
(4) The presence of deferred amortization in purchase money mortgages,
or the assignment of such mortgages at a discount;
(5) Any other facts and circumstances surrounding such sale which, in
the judgment of the commission, may have a bearing upon the question of
financing.
(3) For the purposes of this subdivision v:
(a) Net annual return shall be the amount by which the earned income
yielded by the improvement parcel during a test year exceeds the
operating expenses of such parcel during such year, excluding mortgage
interest and amortization, and excluding allowances for obsolescence and
reserves, but including an allowance for depreciation of two per centum
of the assessed value of the improvement, exclusive of the land, or the
amount shown for depreciation of the improvement in the latest required
federal income tax return, whichever is lower; provided, however, that
no allowance for depreciation of the improvement shall be included where
the improvement has been fully depreciated for federal income tax
purposes or on the books of the owner; and
(b) Test year shall be (1) the most recent full calendar year, or (2)
the owner's most recent fiscal year, or (3) any twelve consecutive
months ending not more than ninety days prior to the filing (a) of the
request for a certificate, or (b) of an application for a renewal of tax
benefits pursuant to the provisions of section 25-309 of this chapter,
as the case may be.
w. "Scenic landmark." Any landscape feature or aggregate of landscape
features, any part of which is thirty years old or older, which has or
have a special character or special historical or aesthetic interest or
value as part of the development, heritage or cultural characteristics
of the city, state or nation and which has been designated a scenic
landmark pursuant to the provisions of this chapter.
x. As used in section 25-317.1:
(1) "Type A violation." Except as otherwise defined by the rules of
the commission, the following work done or condition created or
maintained in violation of this chapter without an appropriate approval
from the commission:
(a) the removal of or alterations to, except for painting, a
significant portion of an exterior architectural feature, including,
without limitation thereof, removal of or alterations to:
(i) the windows on a single facade or, where original, historic or
special windows exist, the removal of or alterations to a significant
portion of such original, historic or special windows on a single
facade;
(ii) a decorative element made of metal, glass, wood, brick, ceramic
and/or stone including, without limitation thereof, a cornice, lintel,
grille or molding;
(iii) the paving stones or curbstones of a stone sidewalk;
(iv) an exterior doorway or stoop;
(v) a wall, fence, railing, porch, balcony or roof, including dormers,
bays, gables and parapets; and
(vi) a storefront, but not including the installation of signs,
awnings, flagpoles or banners;
(b) the removal of or alterations to a significant portion of a
protected feature of an interior landmark as described in the
designation report;
(c) the construction of all or a portion of a new building, structure,
addition or any other improvement on a landmark site or within the
boundaries of a historic district. Without limiting the generality of
the foregoing, any significant modification of the existing bulk or
envelope of a building shall be a violation under this paragraph;
(d) the elimination by paving or other construction of a significant
portion of an area-way, planting area, or front, rear or side yards,
where such feature is a significant component of the landmark or
historic district;
(e) where the improvement is not a building or an interior landmark,
the removal of or alterations to a significant portion of such
improvement;
(f) the failure to submit to the commission any periodic inspection
report required under the terms of a restrictive declaration recorded in
connection with any zoning permit, certification or authorization
granted to an improvement under the jurisdiction of the commission.
(2) "Type B violation". Except as otherwise defined by the rules of
the commission, the failure to maintain an improvement in a condition of
good repair in violation of section 25-311 of this chapter, and where
such condition results or may result in significant deterioration of
either a significant portion of the improvement or a character-defining,
protected, architectural feature of such improvement.
(a) For purposes of this subdivision, and without limiting the scope
thereof, the term "significant deterioration" shall include the failure
to maintain:
(i) the improvement in a structurally sound or reasonably water-tight
condition; or
(ii) a character-defining, protected, architectural feature in a
structurally sound or reasonably water-tight condition or otherwise
failing to preserve the integral historic material of such feature.
(b) For purposes of this subdivision, the term "significant
deterioration" shall not include:
(i) any condition that may permit some water penetration and/or
evidence slight structural deterioration, unless such condition has
existed over a period of time such that it has led or may reasonably
lead to significant water penetration or structural damage to a
significant part of a facade or roof; or
(ii) the failure to maintain a small part of a single,
character-defining, protected, architectural feature or a small portion
of the decorative, architectural features of the improvement taken as a
whole.
(3) "Type C violation". All other violations of this chapter, except
for violations of section 25-311 of this chapter.
Section 25-303
§ 25-303 Establishment of landmarks, landmark sites, interior
landmarks, scenic landmarks and historic districts. a. For the purpose
of effecting and furthering the protection, preservation, enhancement,
perpetuation and use of landmarks, interior landmarks, scenic landmarks
and historic districts, the commission shall have power, after a public
hearing:
(1) to designate and, as herein provided in subdivision j, in order to
effectuate the purposes of this chapter, to make supplemental
designations as additions to, a list of landmarks which are identified
by a description setting forth the general characteristics and location
thereof;
(2) to designate and, in order to effectuate the purposes of this
chapter, to make supplemental designations as additions to, a list of
interior landmarks, not including interiors utilized as places of
religious worship, which are identified by a description setting forth
the general characteristics and location thereof;
(3) to designate and, in order to effectuate the purposes of this
chapter, to make supplemental designations as additions to a list of
scenic landmarks, located on property owned by the city, which are
identified by a description setting forth the general characteristics
and location thereof; and
(4) to designate historic districts and the location and boundaries
thereof, and, in order to effectuate the purposes of this chapter, to
designate changes in such locations and boundaries and designate
additional historic districts and the location and boundaries thereof.
b. It shall be the duty of the commission, after a public hearing, to
designate a landmark site for each landmark and to designate the
location and boundaries of such site.
c. The commission shall have power, after a public hearing, to amend
any designation made pursuant to the provisions of subdivisions a and b
of this section.
d. The commission may, after a public hearing, whether at the time it
designates a scenic landmark or at any time thereafter, specify the
nature of any construction, reconstruction, alteration or demolition of
any landscape feature which may be performed on such scenic landmark
without prior issuance of a report pursuant to subdivision c of section
25-318. The commission shall have the power, after a public hearing, to
amend any specification made pursuant to the provisions of this
subdivision.
e. Subject to the provisions of subdivisions g and h of this section,
any designation or amendment of a designation made by the commission
pursuant to the provisions of subdivisions a, b and c of this section
shall be in full force and effect from and after the date of the
adoption thereof by the commission.
f. Within ten days after making any such designation or amendment
thereof, the commission shall file a copy of same with the council, the
department of buildings, the city planning commission, the board of
standards and appeals, the fire department and the department of health
and mental hygiene.
g. (1) Within sixty days after such filing, the city planning
commission shall (a) hold a public hearing on any such designation of a
historic district and (b) shall submit to the council a report with
respect to the relation of such designation, whether of a historic
district or a landmark, interior landmark, scenic landmark, or landmark
site, or amendment of such designation to the zoning resolution,
projected public improvements and any plans for the development, growth,
improvement or renewal of the area involved. The city planning
commission shall include with any such report its recommendation, if
any, for council action with respect to any such designation of a
historic district.
(2) The council may modify or disapprove by majority vote any
designation of the commission or amendment thereof within one hundred
twenty days after a copy thereof is filed with the council provided that
the city planning commission has submitted the report required by this
subdivision or that sixty days have elapsed since the filing of the
designation or amendment with the council. All votes of the council
pursuant to this subdivision shall be filed by the council with the
mayor and shall be final unless disapproved by the mayor within five
days of such filing. Any such disapproval by the mayor shall be filed by
the mayor with the council and shall be subject to override by a
two-thirds vote of the council within ten days of such filing. If the
council shall disapprove such designation or amendment, such designation
or amendment shall continue in full force and effect until the time for
disapproval by the mayor has expired; provided, however, that if the
mayor disapproves such council disapproval, it shall continue in full
force and effect unless the council overrides the mayor's disapproval.
If the council shall modify such designation or amendment, such
designation or amendment as adopted by the commission shall continue in
full force and effect until the time for disapproval by the mayor has
expired, and after such time such modification shall be in effect;
provided, however, that if the mayor disapproves such council
modification, the designation or amendment as adopted by the commission
shall continue in full force and effect unless the council overrides the
mayor's disapproval, and in the event of override the modification shall
take effect on and after the date of such override.
h. (1) The commission shall have power, after a public hearing, to
adopt a resolution proposing rescission, in whole or in part, of any
designation or amendment or modification thereof mentioned in the
preceding subdivisions of this section. Within ten days after adopting
any such resolution, the commission shall file a copy thereof with the
council and the city planning commission.
(2) Within sixty days after such filing, the city planning commission
shall submit to the council a report with respect to the relation of
such proposed rescission of any such designation, whether of a historic
district or a landmark, interior landmark, scenic landmark or landmark
site, or amendment or modification thereof, to the zoning resolution,
projected public improvements and any plans for the development, growth,
improvement, or renewal of the area involved.
(3) The council may approve, disapprove or modify such proposed
rescission within one hundred twenty days after a copy of the resolution
proposing same is filed with the council, provided that the city
planning commission has submitted the report required by this
subdivision or that sixty days have elasped since the filing of such
resolution. Failure to take action on such proposed rescission within
such one hundred twenty-day period shall be deemed a vote to disapprove
such proposed rescission. All votes of the council pursuant to this
subdivision shall be filed by the council with the mayor and shall be
final unless disapproved by the mayor within five days of such filing.
Any such mayoral disapproval shall be filed by the mayor with the
council and shall be subject to override by a two-thirds vote of the
council within ten days of such filing. If such proposed rescission is
approved or modified by the council, such rescission or modification
thereof shall not take effect until the time for disapproval by the
mayor has expired; provided, however, that if the mayor disapproves such
rescission or modification, it shall not take effect unless the council
overrides the mayor's disapproval. If such proposed rescission is
disapproved by the council, it shall not take effect unless the mayor
disapproves such council disapproval and the council fails to override
the mayor's disapproval.
i. The commission may at any time make recommendations to the city
planning commission with respect to amendments of the provisions of the
zoning resolution applicable to improvements in historic districts.
j. All designations and supplemental designations of landmarks,
landmark sites, interior landmarks, scenic landmarks and historic
districts made pursuant to subdivision a shall be made pursuant to
notices of public hearings given, as provided in section 25-313. In
addition to such notice, the commission shall give notice to the city
planning commission, all affected community boards and the office of the
borough president in whose borough the property or district is located
in advance of any public hearing relating to such designations.
k. Upon its designation of any improvement parcel as a landmark and of
any landmark site, interior landmark, scenic landmark or historic
district or any amendment of any such designation or rescission thereof,
the commission shall cause to be recorded in the office of the register
of the city of New York in the county in which such landmark, interior
landmark, scenic landmark or district lies, or in the case of landmarks,
interior landmarks, scenic landmarks and districts in the county of
Richmond in the office of the clerk of said county of Richmond, a notice
of such designation, amendment or rescission describing the party
affected by, in the case of the county of Richmond, its land map block
number or numbers, and its tax map, block and lot number or numbers, and
in the case of all other counties, by its land map block and lot number
or numbers.
Section 25-304
§ 25-304 Scope of commission's powers. a. Nothing contained in this
chapter shall be construed as authorizing the commission, in acting with
respect to any historic district or improvement therein, or in adopting
regulations in relation thereto, to regulate or limit the height and
bulk of buildings, to regulate and determine the area of yards, courts
and other open spaces, to regulate density of population or to regulate
and restrict the locations of trades and industries or location of
buildings designed for specific uses or to create districts for any such
purpose.
b. Except as provided in subdivision a of this section, the commission
may, in exercising or performing its powers, duties or functions under
this chapter with respect to any improvement in a historic district or
on a landmark site or containing an interior landmark, or any landscape
feature of a scenic landmark, apply or impose, with respect to the
construction, reconstruction, alteration, demolition or use of such
improvement or landscape feature or the performance of minor work
thereon, regulations, limitations, determinations or conditions which
are more restrictive than those prescribed or made by or pursuant to
other provisions of law applicable to such activities, work or use.
Section 25-305
§ 25-305 Regulation of construction, reconstruction, alterations and
demolition. a. (1) Except as otherwise provided in paragraph two of this
subdivision a, it shall be unlawful for any person in charge of a
landmark site or an improvement parcel or portion thereof located in an
historic district or any part of an improvement containing an interior
landmark to alter, reconstruct or demolish any improvement constituting
a part of such site or constituting a part of such parcel and located
within such district or containing an interior landmark, or to construct
any improvement upon land embraced within such site or such parcel and
located within such district, or to cause or permit any such work to be
performed on such improvement or land, unless the commission has
previously issued a certificate of no effect on protected architectural
features, a certificate of appropriateness or a notice to proceed
authorizing such work, and it shall be unlawful for any other person to
perform such work or cause same to be performed, unless such certificate
or notice has been previously issued.
(2) The provisions of paragraph one of this subdivision a shall not
apply to any improvement mentioned in subdivision a of section 25-318 of
this chapter, or to any city-aided project, or in cases subject to the
provisions of section 25-312 of this chapter.
(3) It shall be unlawful for the person in charge of any improvement
or land mentioned in paragraph one of this subdivision a to maintain
same or cause or permit same to be maintained in the condition created
by any work in violation of the provisions of such paragraph one.
b. (1) Except in the case of any improvement mentioned in subdivision
a of section 25-318 of this chapter and except in the case of a
city-aided project, no application shall be approved and no permit or
amended permit for the construction, reconstruction, alteration or
demolition of any improvement located or to be located on a landmark
site or in an historic district or containing an interior landmark shall
be issued by the department of buildings, and no application shall be
approved and no special permit or amended special permit for such
construction, reconstruction or alteration, where required by article
seven of the zoning resolution, shall be granted by the city planning
commission or the board of standards and appeals, until the commission
shall have issued either a certificate of no effect on protected
architectural features, a certificate of appropriateness or a notice to
proceed pursuant to the provisions of this chapter as an authorization
for such work.
c. (1) A copy of every application or amended application for a permit
to construct, reconstruct, alter or demolish any improvement located or
to be located on a landmark site or in an historic district or
containing an interior landmark shall, at the time of the submission of
the original thereof to the department of buildings, be filed by the
applicant with the commission. A copy of every application, under
article seven of the zoning resolution, for a special permit for any
work which includes the construction, reconstruction or alteration of
any such improvement shall, at the time of the submission of such
application or amended application of the city planning commission or
the board of standards and appeals, as the case may be, be filed with
the commission.
(2) Every such copy of an application or amended application filed
with the commission shall include plans and specifications for the work
involved, or such other statement of the proposed work as would be
acceptable by the department of buildings pursuant to the building code.
The applicant shall furnish the commission with such other information
relating to such application as the commission may from time to time
require.
(3) Together with the copies of such application or amended
application, every such applicant shall file with the commission a
request for a certificate of no effect on protected architectural
features or a certificate of appropriateness in relation to the proposed
work specified in such application.
Section 25-306
§ 25-306 Determination of request for certificate of no effect on
protected architectural features. a. (1) In any case where an applicant
for a permit from the department of buildings to construct, reconstruct,
alter or demolish any improvement on a landmark site or in an historic
district or containing an interior landmark, or an applicant for a
special permit from the city planning commission or the board of
standards and appeals authorizing any such work pursuant to article
seven of the zoning resolution, or amendments thereof, files a copy of
such application or amended application with the commission, together
with a request for a certificate of no effect on protected architectural
features, the commission shall determine: (a) whether the proposed work
would change, destroy or affect any exterior architectural feature of
the improvement on a landmark site or in an historic district or any
interior architectural feature of the interior landmark upon which said
work is to be done; and (b) in the case of construction of a new
improvement, whether such construction would affect or not be in harmony
with the external appearance of other, neighboring improvements on such
site or in such district. If the commission determines such question in
the negative, it shall grant such certificate; otherwise, it shall deny
such request.
(2) Within thirty days after the filing of such application and
request, the commission shall either grant such certificate, or give
notice to the applicant of a proposed denial of such request. Upon
written demand of the applicant filed with the commission after the
giving of notice of a proposed denial, the commission shall confer with
the applicant. The commission shall determine the request for a
certificate within thirty days after the filing of such demand. If a
demand is not filed within ten days after the giving of notice of the
proposed denial, the commission shall determine such request within five
days after the expiration of such ten-day period.
(3) In the event of a denial of such a certificate, the applicant may
file with the commission a request for a certificate of appropriateness
with respect to the proposed work specified in such application.
Section 25-307
§ 25-307 Factors governing issuance of certificate of appropriateness.
a. In any case where an applicant for a permit to construct,
reconstruct, alter or demolish any improvement on a landmark site, or in
an historic district or containing an interior landmark, files such
application with the commission together with a request for a
certificate of appropriateness, and in any case where a certificate of
no effect on protected architectural features is denied and the
applicant thereafter, pursuant to the provisions of section 25-306 of
this chapter, files a request for a certificate of appropriateness, the
commission shall determine whether the proposed work would be
appropriate for and consistent with the effectuation of the purposes of
this chapter. If the commission's determination is in the affirmative on
such question, it shall grant a certificate of appropriateness, and if
the commission's determination is in the negative, it shall deny the
applicant's request, except as otherwise provided in section 25-309 of
this chapter.
b. (1) In making such determination with respect to any such
application for a permit to construct, reconstruct, alter or demolish an
improvement in an historic district, the commission shall consider (a)
the effect of the proposed work in creating, changing, destroying or
affecting the exterior architectural features of the improvement upon
which such work is to be done, and (b) the relationship between the
results of such work and the exterior architectural features of other,
neighboring improvements in such district.
(2) In appraising such effects and relationship, the commission shall
consider, in addition to any other pertinent matters, the factors of
aesthetic, historical and architectural values and significance,
architectural style, design, arrangement, texture, material and color.
(3) All determinations of the commission pursuant to this subdivision
b shall be made subject to the provisions of section 25-304 of this
chapter, and the commission, in making any such determination, shall not
apply any regulation, limitation, determination or restriction as to the
height and bulk of buildings, the area of yards, courts or other open
spaces, density of population, the location of trades and industries, or
location of buildings designed for specific uses, other than the
regulations, limitations, determinations and restrictions as to such
matters prescribed or made by or pursuant to applicable provisions of
law, exclusive of this chapter; provided, however, that nothing
contained in such section 25-304 or in this subdivision b shall be
construed as limiting the power of the commission to deny a request for
a certificate of appropriateness for demolition or alteration of an
improvement in an historic district (whether or not such request also
seeks approval, in such certificate, of construction or reconstruction
of any improvement), on the ground that such demolition or alteration
would be inappropriate for and inconsistent with the effectuation of the
purposes of this chapter, with due consideration for the factors
hereinabove set forth in this subdivision b.
c. In making the determination referred to in subdivision a of this
section with respect to any application for a permit to construct,
reconstruct, alter or demolish any improvement on a landmark site, other
than a landmark, the commission shall consider (1) the effects of the
proposed work in creating, changing, destroying or affecting the
exterior architectural features of the improvement upon which such work
is to be done, (2) the relationship between such exterior architectural
features, together with such effects, and the exterior architectural
features of the landmark, and (3) the effects of the results of such
work upon the protection, enhancement, perpetuation and use of the
landmark on such site. In appraising such effects and relationship, the
commission shall consider, in addition to any other pertinent matters,
the factors mentioned in paragraph two of subdivision b of this section.
d. In making the determination referred to in subdivision a of this
section with respect to an application for a permit to alter,
reconstruct or demolish a landmark, the commission shall consider the
effects of the proposed work upon the protection, enhancement,
perpetuation and use of the exterior architectural features of such
landmark which cause it to possess a special character or special
historical or aesthetic interest or value.
e. In making the determination referred to in subdivision a of this
section with respect to an application for a permit to alter,
reconstruct or demolish an improvement containing an interior landmark,
the commission shall consider the effects of the proposed work upon the
protection, enhancement, perpetuation and use of the interior
architectural features of such interior landmark which cause it to
possess a special character or special historical or aesthetic interest
or value.
Section 25-308
§ 25-308 Procedure for determination of request for certificate of
appropriateness. The commission shall hold a public hearing on each
request for a certificate of appropriateness. Except as otherwise
provided in section 25-309 of this chapter, the commission shall make
its determination as to such request within ninety days after filing
thereof.
Section 25-309
§ 25-309 Request for certificate of appropriateness authorizing
demolition, alterations or reconstruction on ground of insufficient
return. a. (1) Except as otherwise provided in paragraph two of this
subdivision a, in any case where an application for a permit to demolish
any improvement located on a landmark site or in an historic district or
containing an interior landmark is filed with the commission, together
with a request for a certificate of appropriateness authorizing such
demolition, and in any case where an application for a permit to make
alterations to or reconstruct any improvement on a landmark site or
containing an interior landmark is filed with the commission, and the
applicant requests a certificate of appropriateness for such work, and
the applicant establishes to the satisfaction of the commission that:
(a) the improvement parcel (or parcels) which includes such
improvement, as existing at the time of the filing of such request, is
not capable of earning a reasonable return; and
(b) the owner of such improvement:
(1) in the case of an application for a permit to demolish, seeks in
good faith to demolish such improvement immediately (a) for the purpose
of constructing on the site thereof with reasonable promptness a new
building or other income-producing facility, or (b) for the purpose of
terminating the operation of the improvement at a loss; or
(2) in the case of an application for a permit to make alterations or
reconstruct, seeks in good faith to alter or reconstruct such
improvement, with reasonable promptness, for the purpose of increasing
the return therefrom;
the commission, if it determines that the request for such certificate
should be denied on the basis of the applicable standards set forth in
section 25-307 of this chapter, shall, within ninety days after the
filing of the request for such certificate of appropriateness, make a
preliminary determination of insufficient return.
(2) In any case where any application and request for a certificate of
appropriateness mentioned in paragraph one of this subdivision a is
filed with the commission with respect to an improvement, the provisions
of this section shall not apply to such request if the improvement
parcel which includes such improvement has received, for three years
next preceding the filing of such request, and at the time of such
filing continues to receive, under any provision of law (other than this
chapter or section four hundred fifty-eight, four hundred sixty or four
hundred seventy-nine of the real property tax law), exemption in whole
or in part from real property taxation; provided, however, that the
provisions of this section shall nevertheless apply to such request if
such exemption is and has been received pursuant to section four hundred
twenty-a, four hundred twenty-two, four hundred twenty-four, four
hundred twenty-five, four hundred twenty-six, four hundred twenty-seven,
four hundred twenty-eight, four hundred thirty, four hundred thirty-two,
four hundred thirty-four, four hundred thirty-six, four hundred
thirty-eight, four hundred forty, four hundred forty-two, four hundred
forty-four, four hundred fifty, four hundred fifty-two, four hundred
sixty-two, four hundred sixty-four, four hundred sixty-eight, four
hundred seventy, four hundred seventy-two or four hundred seventy-four
of the real property tax law and the applicant establishes to the
satisfaction of the commission, in lieu of the requirements set forth in
paragraph one of this subdivision a, that:
(a) The owner of such improvement has entered into a bona-fide
agreement to sell an estate of freehold or to grant a term of at least
twenty years in such improvement parcel, which agreement is subject to
or contingent upon the issuance of the certificate of appropriateness or
a notice to proceed;
(b) The improvement parcel which includes such improvement, as
existing at the time of the filing of such request, would not, if it
were not exempt in whole or in part from real property taxation, be
capable of earning a reasonable return;
(c) Such improvement has ceased to be adequate, suitable or
appropriate for use for carrying out both (1) the purposes of such owner
to which it is devoted and (2) those purposes to which it had been
devoted when acquired unless such owner is no longer engaged in pursuing
such purposes; and
(d) The prospective purchaser or tenant:
(1) In the case of an application for a permit to demolish seeks and
intends, in good faith either to demolish such improvement immediately
for the purpose of constructing on the site thereof with reasonable
promptness a new building or other facility; or
(2) In the case of an application for a permit to make alterations or
reconstruct, seeks and intends in good faith to alter or reconstruct
such improvement, with reasonable promptness.
b. In the case of an application made pursuant to paragraph one of
subdivision a of this section by an applicant not required to establish
the conditions specified in paragraph two of such subdivision, as
promptly as is practicable after making a preliminary determination as
provided in paragraph one of such subdivision a, the commission, with
the aid of such experts as it deems necessary, shall endeavor to devise,
in consultation with the applicant, a plan whereby the improvement may
be (1) preserved or perpetuated in such manner or form as to effectuate
the purposes of this chapter, and (2) also rendered capable of earning a
reasonable return.
c. Any such plan may include, but shall not be limited to, (1)
granting of partial or complete tax exemption, (2) remission of taxes
and (3) authorization for alterations, construction or reconstruction
appropriate for and not inconsistent with the effectuation of the
purposes of this chapter.
d. In any case where the commission formulates any such plan, it shall
mail a copy thereof to the applicant promptly and in any event within
sixty days after giving notice of its preliminary determination of
insufficient return. The commission shall hold a public hearing upon
such plan.
e. (1) If the commission, after holding a public hearing pursuant to
subdivision d of this section, determines that a plan which it has
formulated, consisting only of tax exemption and/or remission of taxes,
meets the standards set forth in subdivision b of this section, as such
plan was originally formulated, or with such modifications as the
commission deems necessary or appropriate, the commission shall deny the
request of the applicant for a certificate of appropriateness and shall
approve such plan, as originally formulated, or with such modifications.
(2) Such plan, as so approved, shall set forth the extent of tax
exemption and/or remission of taxes deemed necessary by the commission
to meet such standards.
(3) The commission shall promptly mail a certified copy of such
approved plan to the applicant and shall promptly transmit a certified
copy thereof to the tax commission. Upon application made by the owner
of such improvement pursuant to the provisions of paragraph five of this
subdivision e, the tax commission shall grant, for the fiscal year next
succeeding the date of approval of such plan, the tax exemption and/or
remission of taxes provided for therein.
(4) In accordance with procedures prescribed by the regulations of the
commission, it shall determine, upon application by the owner of such
improvement made in advance of each succeeding fiscal year, the amount
of tax exemption and/or remission of taxes, if any, which it deems
necessary, as a renewal of such plan for the ensuing year, to meet the
standards set forth in subdivision b of this section, and shall promptly
mail a certified copy of any approved renewal of such plan to the
applicant and shall promptly transmit a certified copy of such renewal
to the tax commission. Upon application made by the owner of such
improvement pursuant to the provisions of paragraph five of this
subdivision e, the tax commission shall grant, for such fiscal year, the
tax exemption and/or remission of taxes specified in such determination.
(5) Where any such plan or a renewal thereof is approved by the
commission, pursuant to the provisions of the preceding paragraphs of
this subdivision e, prior to January first next preceding the fiscal
year to which the tax benefits of such plan or renewal thereof are
applicable, the owner shall not be entitled to such benefits for such
fiscal year unless he or she files an application therefor with the tax
commission between February first and March fifteenth, both dates
inclusive, next preceding such fiscal year. Where any such plan or a
renewal thereof is approved by the commission between January first and
June thirtieth, both dates inclusive, next preceding the fiscal year to
which the tax benefits of such plan or renewal thereof are applicable,
the owner shall not be entitled to such benefits for such fiscal year
unless he or she files an application therefor with the tax commission
on or before August first of such fiscal year.
f. (1) In any case where the commission determines, after holding a
public hearing pursuant to subdivision d of this section, that a plan
which it has formulated, consisting in whole or in part of any proposal
other than tax exemption and/or remission of taxes, meets the standards
set forth in subdivision b of this section, as such plan was originally
formulated, or with such modifications as the commission deems necessary
or appropriate, the commission shall approve such plan, as originally
formulated, or with such modifications, and shall promptly mail a copy
of same to the applicant.
(2) The owner of the improvement proposed to be benefited by such plan
mentioned in paragraph one of this subdivision f may accept or reject
such plan by written acceptance or rejection filed with the commission.
If such an acceptance is filed, the commission shall deny the request of
such applicant for a certificate of appropriateness. If a new
application for a permit from the department of buildings and a new
request for a certificate of appropriateness are filed, which
application and request conform with such proposed plan, the commission
shall grant such certificate as promptly as is practicable and in any
event within thirty days after such filing.
(3) If such accepted plan consists in part of tax exemption and/or
remission of taxes, the provisions of paragraphs two, three, four and
five of subdivision e of this section shall govern the granting of such
tax exemption and/or remission of taxes.
g. (1) Except in a case where the applicant is required to establish
the conditions set forth in paragraph two of subdivision a of this
section, if
(a) The commission does not formulate and mail a plan pursuant to the
provisions of subdivisions b, c, and d of this section within the period
of time prescribed by such subdivision d; or
(b) The commission does not approve a plan pursuant to the provisions
of subdivision e or f of this section within sixty days after the
mailing of such plan to the applicant; or
(c) A plan approved by the commission pursuant to the provisions of
paragraph one of subdivision f of this section is rejected by the owner
of such improvement pursuant to the provisions of paragraph two of such
subdivision;
the commission may, within ten days after expiration of the applicable
period referred to in subparagraphs (a) and (b) of this paragraph one,
or within ten days after the filing of a rejection of a plan pursuant to
paragraph two of subdivision f of this section, as the case may be,
transmit to the mayor a written recommendation that the city acquire a
specified appropriate protective interest in the improvement parcel
which includes the improvement with respect to which the request for a
certificate of appropriateness was filed, and shall promptly notify the
applicant of such action.
(2) If, within ninety days after transmission of such recommendation,
or, if no such recommendation is transmitted, within ninety days after
the expiration of the period herein prescribed for such transmission,
the city does not:
(a) Give notice, pursuant to section three hundred eighty-two of the
charter, of an application to condemn such interest or any other
appropriate protective interest agreed upon by the mayor and the
commission; or
(b) Enter into a contract with the owner of such improvement parcel to
acquire such interest, as so recommended or agreed upon;
the commission shall promptly grant, issue and forward to the owner, in
lieu of the certificate of appropriateness requested by the applicant, a
notice to proceed.
h. No plan which consists in whole or in part of the granting of a
partial or complete tax exemption or remission of taxes pursuant to the
provisions of this chapter shall be deemed to have been approved by the
commission unless it is also approved by the mayor and council within
the period of time prescribed by this section for approval of such plan
by the commission.
i. (1) In any case where the applicant is required to establish the
conditions set forth in paragraph two of subdivision a of this section,
as promptly as is practicable after making a preliminary determination
with respect to such conditions, as provided in paragraph one of
subdivision a of this section, and within one hundred and eighty days
after making such preliminary determination, the commission, alone or
with the aid of such persons and agencies as it deems necessary and
whose aid it is able to enlist, shall endeavor to obtain a purchaser or
tenant (as the case may be) of the improvement parcel or parcels with
respect to which the application has been made, which purchaser or
tenant will agree, without condition or contingency relating to the
issuance of a certificate of appropriateness or notice to proceed and
subject to the provisions of paragraph three of this subdivision i, to
purchase or acquire an interest identical with that proposed to be
acquired by the prospective purchaser or tenant whose agreement is the
basis of the application, on reasonably equivalent terms and conditions.
(2) The applicant shall, within a reasonable time after notice by the
commission that it has obtained such a purchaser or tenant, which notice
shall be served within the period of one hundred and eighty days
provided by paragraph one of this subdivision i, enter into such
agreement to sell or lease (as the case may be) with the purchaser or
tenant so obtained. Such notice shall specify a date for the execution
of such agreement, which may be postponed by the commission at the
request of the applicant.
(3) The provisions of this section shall not, after the consummation
of such agreement, apply to such purchaser or tenant or to the heirs,
successors or assigns of such purchaser or tenant.
(4) (a) If, within the one hundred eighty day period following the
commission's preliminary determination pursuant to paragraph one of
subdivision a of this section, the commission shall not have succeeded
in obtaining a purchaser or tenant of the improvement parcel, pursuant
to paragraph one of this subdivision i, or if, having obtained such a
purchaser or tenant, such purchaser or tenant fails within the time
provided in paragraph two of this subdivision i, to enter into the
agreement provided for by such paragraph two, the commission, within
twenty days after the expiration of the one hundred eighty day period
provided for in paragraph one of this subdivision i, or within twenty
days after the date upon which a purchaser or tenant obtained by the
commission pursuant to the provisions of such paragraph one fails to
enter into the agreement provided for by said paragraph, whichever of
said dates later occurs, may transmit to the mayor a written
recommendation that the city acquire a specified appropriate protective
interest in the improvement parcel or parcels which include the
improvement or are part of the landmark site with respect to which the
request for a certificate of appropriateness was filed, and shall
promptly notify the applicant of such action.
(b) If, within ninety days after transmission of such recommendation,
or, if no such recommendation is transmitted, within ninety days after
the expiration of the period herein prescribed for such transmission,
the city does not give notice, pursuant to section three hundred
eighty-two of the charter, of an application to condemn such interest or
any other appropriate protective interest agreed upon by the mayor and
the commission, or does not enter into a contract with the owner of such
improvement parcel to acquire such interest, as so recommended and
agreed upon; the commission shall promptly grant, issue and forward to
the owner, in lieu of the certificate of appropriateness requested by
the applicant, a notice to proceed.
(5) Such notice to proceed shall authorize the work of demolition,
alteration, and/or reconstruction sought with respect to the improvement
parcel or parcels concerning which the application was made, only if
such work (a) is undertaken and performed by the purchaser or tenant
specified pursuant to the provisions of paragraph two of subdivision a
of this section, in the application, or a bona-fide assignee, successor,
lessee or sub-lessee of such purchaser or tenant (other than the owner
who made application therefor), and (b) is undertaken and performed with
reasonable promptness after the issuance of such notice to proceed.
Section 25-310
§ 25-310 Regulation of minor work. a. (1) Except as otherwise provided
in section 25-312 of this chapter, it shall be unlawful for any person
in charge of an improvement located on a landmark site or in an historic
district or containing an interior landmark to perform any minor work
thereon, or to cause or permit such work to be performed, and for any
other person to perform any such work thereon or cause same to be
performed, unless the commission has issued a permit, pursuant to this
section, authorizing such work.
(2) It shall be unlawful for any person in charge of any such
improvement to maintain same or cause or permit same to be maintained in
the condition created by any work done in violation of the provisions of
paragraph one of this subdivision a.
b. The owner of an improvement desiring to obtain such a permit, or
any person authorized by the owner to perform such work, may file with
the commission an application for such permit, which shall include such
description of the proposed work, as the commission may prescribe. The
applicant shall submit such other information with respect to the
proposed work as the commission may from time to time require. The
commission shall promptly transmit such application to the department of
buildings, which shall, as promptly as is practicable, certify to the
commission whether a permit for such proposed work, issued by such
department, is required by law. If such department certifies that such a
permit is required, the commission shall deny such application, and
shall promptly give notice of such determination to the applicant. If
such department certifies that no such permit is required, the
commission shall determine such application as hereinafter provided.
c. (1) The commission shall determine:
(a) Whether the proposed work would change, destroy or affect any
exterior architectural feature of an improvement located on a landmark
site or in an historic district or interior architectural feature of an
improvement containing an interior landmark; and
(b) If such work would have such effect, whether judged by the
standards set forth in subdivisions b, c, d and e of section 25-307 of
this chapter with respect to an improvement of similar classification
hereunder, such work would be appropriate for and consistent with the
effectuation of the purposes of this chapter.
(2) If the commission determines the question set forth in
subparagraph (a) of paragraph one of this subdivision c in the negative,
or determines the question set forth in subparagraph (b) of such
paragraph in the affirmative, it shall grant such permit, and it shall
deny such permit if it determines such question set forth in
subparagraph (a) in the affirmative and determines such question set
forth in subparagraph (b) in the negative.
d. The procedure of the commission in making its determination with
respect to any such application shall be as prescribed in subparagraph
two of subdivision a of section 25-306 of this chapter, except that any
period of thirty days referred to in such subparagraph shall, for the
purposes of this subdivision d, be deemed to be twenty days.
e. The provisions of this section shall be inapplicable to any
improvement mentioned in subdivision a of section 25-318 of this chapter
and to any city-aided project.
Section 25-311
§ 25-311 Maintenance and repair of improvements. a. Every 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
improvement 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 state of disrepair.
b. Every person in charge of an improvement containing an interior
landmark shall keep in good repair (1) all portions of such interior
landmark and (2) all other portions of the improvement which, if not so
maintained, may cause or tend to cause the interior landmark contained
in such improvement to deteriorate, decay or become damaged or otherwise
fall into a state of disrepair.
c. Every person in charge of a scenic landmark shall keep in good
repair all portions thereof.
d. The provisions of this section shall be in addition to all other
provisions of law requiring any such improvement to be kept in good
repair.
Section 25-312
§ 25-312 Remedying of dangerous conditions. a. In any case where the
department of buildings, the fire department or the department of health
and mental hygiene, or any officer or agency thereof, or any court on
application or at the instance of any such department, officer or
agency, shall order or direct the construction, reconstruction,
alteration or demolition of any improvement on a landmark site or in an
historic district or containing an interior landmark, or the performance
of any minor work upon such improvement, for the purpose of remedying
conditions determined to be dangerous to life, health or property,
nothing contained in this chapter shall be construed as making it
unlawful for any person, without prior issuance of a certificate of no
effect on protected architectual features or certificates of
appropriateness or permit for minor work pursuant to this chapter, to
comply with such order or direction.
b. The department of buildings, fire department or department of
health and mental hygiene, as the case may be, shall give the commission
as early notice as is practicable, of the proposed issuance or issuance
of any such order or direction.
Section 25-313
§ 25-313 Public hearings; conferences. a. The commission shall give
notice of any public hearing which it is required or authorized to hold
under the provisions of this chapter by publication in the City Record
for at least ten days immediately prior thereto.
The owner of any improvement parcel on which a landmark or a proposed
landmark is situated or which is a part of a landmark site or proposed
landmark site or which contains an interior landmark or proposed
interior landmark, or any property which includes a scenic landmark or
proposed scenic landmark shall be given notice of any public hearing
relating to the designation of such proposed landmark, landmark site,
interior landmark or scenic landmark, the amendment to any designation
thereof or the proposed rescission of any designation or amendment
thereto. Such notice may be served by the commission by registered mail
addressed to the owner or owners at his or her or their last known
address or addresses, as the same appear in the records of the office of
the commissioner of finance or if there is no name in such records, such
notice may be served by ordinary mail addressed to "Owner" at the street
address of the improvement parcel or property in question. Failure by
the commission to give such notices shall not invalidate or affect any
proceedings pursuant to this chapter relating to such improvement parcel
or property.
b. At any such public hearing, the commission shall afford a
reasonable opportunity for the presentation of facts and the expression
of views by those desiring to be heard, and may, in its discretion, take
the testimony of witnesses and receive evidence; provided, however, that
the commission, in determining any matter as to which any such hearing
is held, shall not be confined to consideration of the facts, views,
testimony or evidence submitted at such hearing.
c. The commission may delegate to any member or members thereof the
power to conduct any such public hearing and to hold any conference
required to be held under the provisions of sections 25-306 and 25-310
of this chapter.
d. The commission, may, in its discretion, direct that notice of any
such public hearing on a request for a certificate of appropriateness,
or on any plan formulated by the commission in relation thereto, be
given by the applicant to such owners of property in the neighborhood of
the improvement or improvement parcel to which such request relates, as
the commission deems proper. When so directed, the applicant shall mail
a notice of such hearing to such owners, at their last known addresses,
as the same appear in the records of the office of the commissioner of
finance, and shall likewise mail a notice of such hearing to persons who
have filed written requests for such notice with the commission. A
reasonable period of time, as prescribed by the regulations of the
commission, shall be afforded the applicant for giving notice of such
hearing to such owners and persons. Any failure to give or receive such
notice shall not invalidate any such hearing or any determination made
by the commission with respect to such request for a certificate or with
respect to such plan.
Section 25-314
§ 25-314 Extension of time for action by commission. Whenever, under
the provisions of this chapter, the commission is required or
authorized, within a prescribed period of time, to make any
determination or perform any act in relation to any request for a
certificate of no effect on protected architectural features, a
certificate of appropriateness or a permit for minor work, the applicant
may extend such period of time by his or her written consent filed with
the commission.
Section 25-315
§ 25-315 Determinations of the commission; notice thereof. a. Any
determination of the commission granting or denying a certificate of no
effect on protected architectural features, a certificate of
appropriateness or a permit for minor work shall set forth the reasons
for such determination.
b. The commission shall promptly give notice of any such
determination, and of any preliminary determination of insufficient
return made pursuant to paragraph one of subdivision a of section 25-309
of this chapter, to the applicant. Such notice shall include a copy of
such determination.
c. Subject to the provisions of section 25-304 of this chapter, any
determination of the commission granting a certificate of no effect on
protected architectural features, a certificate of appropriateness or a
permit for minor work may prescribe conditions under which the proposed
work shall be done, in order to effectuate the purposes of this chapter,
and may include recommendations by the commission as to the performance
of such work, provided that the provisions of this subdivision shall not
apply to any notice to proceed granted pursuant to the provisions of
subdivisions g and i of section 25-309 of this chapter.
Section 25-316
§ 25-316 Transmission of certificates and applications to proper city
agency. In any case where a certificate of no effect on protected
architectural features, certificate of appropriateness or notice to
proceed is granted by the commission to an applicant who has filed with
the commission a copy of an application for a permit from the department
of buildings, the commission shall transmit such certificate or a copy
of such notice to the department of buildings. In any case where any
such certificate or notice is granted to an applicant who has filed an
application for a special permit with the city planning commission or
the board of standards and appeals pursuant to article seven of the
zoning resolution, the commission shall transmit such certificate or a
copy of such notice to the planning commission or the board of standards
and appeals, as the case may be.
Section 25-317
§ 25-317 Criminal punishments and fines. a. Any person who violates
any provision of subdivision a of section 25-305 of this chapter or any
order issued by the chair with respect to such provisions shall be
guilty of a misdemeanor and shall be punished by a fine of not more than
ten thousand dollars and not less than five thousand dollars, or by
imprisonment for not more than one year, or by both such fine and
imprisonment.
b. Any person who violates any provision of subdivision a of section
25-310 of this chapter or any provision of section 25-311 or any order
issued by the chair with respect to such provisions shall be punished,
for a first offense, by a fine of not more than one thousand dollars and
not less than five hundred dollars or by imprisonment for not more than
thirty days, or by both such fine and imprisonment, and shall be
punished for a second or subsequent offense, by a fine of not more than
five thousand dollars or less than two thousand five hundred dollars, or
by imprisonment for not more than ninety days, or by both such fine and
imprisonment.
c. Any person who willfully makes any false statement or an omission
of material fact in an application or request to the commission for a
certificate, permit or other approval or in any document submitted to
the commission certifying the correction of a violation, shall be
punished by a fine of not more than five thousand dollars or less than
one thousand dollars, or by imprisonment for not more than ninety days,
or by both such fine and imprisonment.
d. For the purposes of this subdivision, each day during which there
exists any violation of the provisions of paragragh three of subdivision
a of section 25-305 of this chapter or paragraph two of subdivision a of
section 25-310 of this chapter or any violation of the provisions of
section 25-311 of this chapter or any order issued by the chair with
respect to such provisions shall constitute a separate violation.
Section 25-317.1
§ 25-317.1 Civil penalties. a. Any person who violates any provision
of sections 25-305, 25-310 or 25-311 or subdivision c of section 25-317
of this chapter or any order issued by the chair with respect to such
provisions shall be liable for a civil penalty which may be recovered by
the corporation counsel in a civil action in any court of competent
jurisdiction. Such civil penalty shall be determined as follows:
(1) The defendant shall be liable for a civil penalty of up to the
fair market value of the improvement parcel, with or without the
improvement, whichever is greater, where in violation of such provision
or order:
(a) all or substantially all of an improvement on a landmark site or
within a historic district has been demolished;
(b) work has been performed or a condition created or maintained which
significantly impairs the structural integrity of an improvement on a
landmark site or within a historic district;
(c) work has been performed or a condition created or maintained which
results in the destruction, removal or significant alteration of more
than fifty percent of the square footage of two facades of an
improvement on a landmark site or within a historic district, including
party and sidewalls; or
(d) the defendant has failed to take action to prevent any condition
described in subparagraph a, b or c of this paragraph from occurring.
(2) Where, in violation of such provision or order, work is performed
or a condition is created or maintained which results in the
destruction, removal or significant alteration of a significant portion
of the protected features identified in the designation report of an
interior landmark, the defendant shall be liable for a civil penalty
equal to two times the estimated cost of replicating the protected
features that were demolished, removed or altered.
(3) All other violations. The defendant shall be liable for a civil
penalty of not more than five thousand dollars.
(4) For the purposes of this subdivision, each day during which there
exists any violation of the provisions of paragraph three of subdivision
a of section 25-305 of this chapter or paragraph two of subdivision a of
section 25-310 of this chapter or subdivision a, b or c of section
25-311 of this chapter or any order issued by the chair with respect to
such provisions shall constitute a separate violation.
b. In addition to or as an alternative to any of the remedies and
penalties provided in this chapter, any person who violates any
provision of sections 25-305, 25-310 or 25-311 or subdivision c of
section 25-317 of this chapter or any order issued by the chair with
respect to such provisions shall be liable for a civil penalty which may
be recovered in an administrative proceeding before the office of
administrative trials and hearings, the environmental control board or
other administrative tribunal having jurisdiction as hereinafter
provided.
(1) An administrative proceeding for civil penalties shall be
commenced by the service of a notice of violation in accordance with the
applicable law and rules governing the procedures of the administrative
tribunal before which the notice of violation is returnable or as
otherwise provided by the rules of the commission. The notice of
violation shall identify the allegedly illegal conditions or work with
reasonable specificity. As used in this subdivision, the term
"reasonable specificity" shall mean a description of work or conditions,
reasonably described given the circumstances, sufficient to inform a
reasonable person that (1) work has been or is being done without an
appropriate approval from the commission, (2) conditions have been
created or are being maintained in violation of this chapter, or (3)
there has been a failure to take action to prevent conditions that are
in violation of this chapter. Such administrative tribunal shall have
the power to impose civil penalties in accordance with this chapter. A
judgment of an administrative tribunal imposing civil penalties may be
enforced by the commencement of a civil action or proceeding in a court
or as otherwise authorized by the applicable law governing the
procedures of such administrative tribunal. Prior to serving a notice of
violation, the chair shall serve a warning letter upon a respondent
either personally or by mail in the manner provided by the rules of the
commission. The warning letter shall inform the respondent that the
chair believes the respondent has violated the provisions of this
chapter, shall describe generally the allegedly illegal conditions
and/or activities, shall warn the respondent that the law authorizes
civil penalties for such violations, and shall provide the respondent
with a grace period for removing or applying for a permit to legalize or
otherwise address the allegedly illegal conditions. No such warning
letter shall be required prior to the service of a notice of violation
where (i) the subject violation is a second or subsequent offense, (ii)
the subject violation is alleged to be an intentional violation, or
(iii) the chair is seeking civil penalties for failure to comply with a
stop work order, issued pursuant to this chapter.
(2) Except as otherwise specifically provided in this chapter, where a
respondent has been found liable for or admitted liability to a
violation of this chapter in an administrative proceeding, a civil
penalty for such violation shall be imposed in accordance with the
schedule set forth below.
(a) Type A and Type B violations. (i) First offense. The respondent
shall be liable for a civil penalty of not more than five thousand
dollars.
(ii) Second and subsequent offenses. The respondent shall be liable
for a civil penalty of not more than two hundred fifty dollars a day for
each day that a condition underlying a prior violation continues to
exist, measured from the date the respondent was found liable for or
admitted liability to the prior violation, but in no event shall the
civil penalty be less than the maximum possible penalty for a first
offense.
(b) Type C violation. (i) First offense. The respondent shall be
liable for a civil penalty of not more than five hundred dollars.
(ii) Second and subsequent offenses. The respondent shall be liable
for a civil penalty of not more than fifty dollars a day for each day
that a condition underlying a prior violation continues to exist,
measured from the date the respondent was found liable for or pled
guilty to the prior violation, but in no event shall the civil penalty
be less than the maximum possible penalty for a first offense.
(3) Notwithstanding the penalty schedule set forth above, the chair
may, in his or her discretion, for good cause shown, recommend that a
lesser or no civil penalty be imposed on a respondent in an
administrative proceeding.
(4) Restrictions on service of notice of violation for second or
subsequent offense. (a) The chair shall not serve a notice of violation
for a second or subsequent offense unless (i) more than twenty-five days
have elapsed since the respondent was found liable or admitted liability
in the prior proceeding and (ii) where the respondent in the prior
proceeding has submitted an application to the commission for an
appropriate approval to legalize or to undertake the work necessary to
cure the condition underlying the prior proceeding, more than thirty
days have elapsed since such application has been disapproved or denied
in whole or in part or if granted, such approval by its terms has
expired. If the respondent has filed more than one such application with
the commission, the thirty day period shall commence after the first
such application has been disapproved or denied in whole or in part or,
if granted, by its terms has expired.
(b) Nothing in this subdivision shall prohibit the chair, subject to
the rules of the administrative tribunal having jurisdiction over the
proceeding, from serving an amended notice of violation for the purpose
of clarifying the allegedly illegal conditions referred to in the prior
notice of violation, or from serving a subsequent notice of violation
that alleges separate violations of this chapter. An amended notice of
violation shall be returnable on the same date and before the same
administrative body as the initial notice of violation.
(5) Multiple violations incurred for the same work. If work,
reasonably identified in a notice of violation, was done without an
appropriate approval from the commission, the total amount of any civil
penalty for such work shall be determined by, to the extent feasible,
separately considering and assessing a penalty for each type of work
and/or each distinct effect on the protected features of the landmark,
interior landmark or improvement in an historic district. In no event
shall the civil penalty exceed five thousand dollars for a first
offense. Where the respondent is the owner, separate penalties shall not
be assessed for each type of work and/or each distinct effect if the
illegal work was performed during a period of time when the premises
were leased to and under the control of a person other than the owner.
(6) Grace period. (a) No civil penalty shall be imposed in an
administrative proceeding for a first violation if prior to the return
date of the notice of violation, the respondent concedes liability for
the violation and supplies the commission with proof, satisfactory to
the commission, that the violation has been corrected. If the respondent
makes any misrepresentation or omission of a material fact to the
commission regarding the removal of the violation, the respondent shall
be liable for a civil penalty of not more than ten thousand dollars.
(b) No civil penalty shall be imposed in an administrative proceeding
for a first violation if prior to the return date of the notice of
violation the respondent concedes liability for the violation and
submits an application to the commission for approval to legalize or to
undertake the work necessary to cure the violation.
(c) The provisions of this paragraph shall not apply to a second or
subsequent offense or where the respondent is alleged to have violated a
stop work order or where the respondent has after the issuance of a
warning letter pursuant to paragraph one of subdivision (b) of section
25-317.1 applied for and received a permit to cure or otherwise address
a violation, and the respondent has failed to cure the violation
pursuant to the terms of such permit.
Section 25-317.2
§ 25-317.2 Violations of landmarks laws: enforcement.
a. Stop-work orders. (1) An order to stop work may be issued by the
chair, or his or her authorized representative, at any time when the
chair reasonably believes that work is being performed in violation of
the provisions of this chapter. Each order issued by the chair shall
have his or her signature affixed thereto, but the chair may authorize
any subordinate to affix such signature.
(2) Such order may be given orally or in writing to a person in charge
or apparently in charge of the improvement or involved in the work being
performed thereon or may be served on the owner or person in charge of
the improvement parcel as otherwise provided in the commission's rules.
The police department and the department of buildings shall, upon the
request of the chair, assist the chair in the enforcement of such
orders. Where the order is given orally a written notice of such order
shall be mailed to the person to whom the order was addressed or affixed
to the premises where the violation occurred within forty-eight hours
after service of such oral order.
b. Contents of orders. All stop work orders issued by the chair shall
identify the allegedly illegal conditions or work with reasonable
specificity. As used in this subdivision, the term "reasonable
specificity" shall mean a description of work or conditions, reasonably
described given the circumstances, sufficient to inform a reasonable
person that (1) work has been or is being done without an appropriate
approval from the commission or (2) conditions have been created or are
being maintained in violation of this chapter. The order shall also
identify the subject premises by the tax block and lot or street
address, and shall be addressed to a person in charge of the
improvement, or to a person who is alleged to have created the illegal
conditions or performed, authorized, overseen or permitted the illegal
work. The chair may issue a separate order to each person who, as a
result of the same condition or work, is alleged to have violated the
provisions of this chapter.
c. In addition to any of the remedies or penalties provided for in
this section, failure to comply with a stop work order shall be subject
to the payment of a civil penalty in the sum of five hundred dollars for
each day there is non-compliance, to be recovered in a civil action
brought in the name of the chair or in an administrative proceeding
before the office of administrative trials and hearings, the
environmental control board or other administrative tribunal having
jurisdiction.
d. Enforcement proceedings. (1) Upon the violation of any provision of
this chapter, or the failure to comply with any stop-work order issued
by the chair thereunder, or whenever any person is about to engage in or
is engaging in any act or practice that may constitute a violation of
any provision of this chapter, the chair may request the corporation
counsel to institute all necessary actions and/or proceedings to
restrain, correct or abate such violation or potential violation, to
compel compliance with such order and/or to seek civil penalties
pursuant to this chapter. The corporation counsel may institute such
actions or proceedings as may be necessary and appropriate for such
purposes.
(2) Such actions and proceedings may be instituted by the corporation
counsel in the name of the city in any court of appropriate
jurisdiction. In such actions or proceedings, the city may apply for
restraining orders, preliminary injunctions or other provisional
remedies, with or without notice.
e. Notice of violation; presumptive evidence. In any action or
proceeding founded upon a claim by the chair that any law or rule
enforceable by the commission has been violated, or that a lawful order
issued by the chair has not been complied with, a notice of violation
shall be presumptive evidence of any matter stated therein.
f. In addition to police officers, officers and employees of the
commission and employees of other city agencies designated by the chair
may enforce the provisions of this chapter and may issue summonses and
appearance tickets returnable in the criminal court and notices of
violation returnable before the environmental control board, the office
of administrative trials and hearings or other administrative tribunal
having jurisdiction.
Section 25-318
§ 25-318 Reports by commission on plans for proposed projects. a.
Plans for the construction, reconstruction, alteration or demolition of
any improvement or proposed improvement which:
(1) is owned by the city or is to be constructed upon property owned
by the city; and
(2) is or is to be located on a landmark site or in an historic
district or contains an interior landmark;
shall, prior to city action approving or otherwise authorizing the use
of such plans with respect to securing the performance of such work, be
referred by the agency of the city having responsibility for the
preparation of such plans to the commission for a report. Such report
shall be submitted to the mayor, the city council and to the agency
having such responsibility and shall be published in the City Record
within forty-five days after such referral.
b. (1) No officer or agency of the city whose approval is required by
law for the construction or effectuation of a city-aided project shall
approve the plans or proposal for, or application for approval of, such
project, unless, prior to such approval, such officer or agency has
received from the commission a report on such plans, proposal or
application for approval.
(2) All such plans, proposals or applications for approval shall be
referred to the commission for a report thereon before consideration of
approval thereof is undertaken by any such officer or agency, and the
commission shall submit its report to each such officer and agency and
such report shall be published in the City Record within forty-five days
after such referral.
c. Except as provided in subdivision d of section 25-303, where the
commission so requests, plans for the construction, reconstruction,
alteration or demolition of any landscape feature of a scenic landmark
shall, prior to city action approving or otherwise authorizing the use
of such plans with respect to securing the performance of such work, be
referred by the agency of the city having responsibility for the
preparation of such plans to the commission for a report. Such report
shall be submitted to the mayor, the city council and to the agency
having such responsibility and shall be published in the City Record
within forty-five days after such referral. No such report shall
recommend disapproval of any such plans where land contour work or
earthwork is necessary in order to conform with applicable laws
concerning regulation of lots, storm water disposal and water courses.
The commissioner of parks and recreation may request an advisory report
concerning work proposed to be performed on, or in the vicinity of, a
scenic landmark, and such report shall be published in the City Record.
d. In addition to the powers conferred by this chapter, the commission
shall have the powers specifically conferred upon it by chapter
thirty-seven of the charter.
Section 25-319
§ 25-319 Regulations. The commission may from time to time promulgate,
amend and rescind such regulations as it may deem necessary to
effectuate the purposes of this chapter, including, but not limited to,
regulations:
(a) for the protection, preservation, enhancement, and perpetuation
and use of landmarks, interior landmarks, scenic landmarks and historic
districts, subject to the provisions of section 25-304 of this chapter.
Such regulations may apply to one or more historic districts or to one
or more portions of an historic district and may vary from area to area
in their provisions;
(b) relating to the determination of the earning capacity of
improvement parcels by the commission pursuant to section 25-309 of this
chapter;
(c) relating to the procedures of the commission in carrying out its
functions, powers and duties under this chapter, including procedures
for the giving of notice by the commission by mail or otherwise, where
notice is required by this chapter; and
(d) relating to forms to be used in proceedings before the commission.
Section 25-320
§ 25-320 Investigations and reports. The commission may make such
investigations and studies of matters relating to the protection,
enhancement, perpetuation or use of landmarks, interior landmarks,
scenic landmarks and historic districts, and to the restoration of
landmarks, interior landmarks, scenic landmarks and buildings in
historic districts as the commission may, from time to time, deem
necessary or appropriate for the effectuation of the purposes of this
chapter, and may submit reports and recommendations as to such matters
to the mayor and other agencies of the city. In making such
investigations and studies, the commission may hold such public hearings
as it may deem necessary or appropriate.
Section 25-321
§ 25-321 Applicability. The provisions of this chapter shall be
inapplicable to the construction, reconstruction, alteration or
demolition of any improvement on a landmark site or in a historic
district or containing an interior landmark, or of any landscape feature
of a scenic landmark, where a permit for the performance of such work
was issued by the department of buildings, or, in the case of a
landscape feature of a scenic landmark, where plans for such work have
been approved, prior to the effective date of the designation, or
amended or modified designation, pursuant to the provisions of section
25-303 of this chapter, first making the provisions of this chapter
applicable to such improvement or landscape feature or to the
improvement parcel or property in which such improvement or landscape
feature is or is to be located.
Section 25-322
§ 25-322 Notification; lease notification. a. Upon designation by the
commission of any improvement or property as a landmark and of any
landmark site, interior landmark or historic district, or any amendment
of such designation, the owner of such improvement or property shall be
notified in writing of such designation by the commission. Such notice
shall be sent to the owner or owners at his or her or their last known
address or addresses, as the same appear in the records of the office of
the commissioner of finance or if there is no name in such records, such
notice may be sent to the street address of the improvement parcel or
property in question, addressed to "Owner". The failure by the
commission to give notice of designation as required by this subdivision
shall not invalidate or affect any actions or proceedings pursuant to
this chapter relating to such improvement parcel or property, except
that no action or proceeding pursuant to subparagraph d of this section
shall be commenced until thirty days after such notice has been given.
b. It shall be the duty of the owner or person in charge of an
improvement or property that is a landmark, interior landmark or is
located on a landmark site or within an historic district to ensure that
every lease or sublease, or renewal thereof, between the owner or such
other person in charge as lessor and a nonresidential tenant as lessee
and concerning such improvement or property shall contain a notice,
conspicuously set forth therein, stating that in accordance with
sections 25-305, 25-306, 25-309 or 25-310 of this chapter the lessee
must obtain a permit from the commission before commencing any exterior
or interior work on the improvement or property, except for ordinary
repair and maintenance as that term is defined in subdivision r of
section 25-302 of this chapter. When an improvement or property is
designated a landmark, interior landmark or as part of an historic
district during the term of a lease or sublease of all or a portion of
such improvement or property, the lessor of such lease or sublease
shall, within thirty days after being notified in writing of such
designation by the commission or a person in charge, send a written
notice as described above to all nonresidential lessees of such lessor.
Such notice shall be sent by certified or registered mail, return
receipt requested to all nonresidential lessees on the first two floors
of the improvement or property, and shall be sent to all other
nonresidential lessees by any means reasonably designed to ensure that
notice is given.
c. The commission shall promulgate such regulations as it deems
necessary to comply with the provisions of this section, with respect to
notice requirements in all nonresidential leases for buildings under its
jurisdiction.
d. Any person who violates subdivision b of this section, or the
regulations promulgated hereunder, shall be subject to a civil penalty
of not more than five hundred dollars per violation which shall be
returnable to the environmental control board.