Section 25-303. Establishment of landmarks, landmark sites, interior landmarks, scenic landmarks and historic districts  


Latest version.
  • 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.