Section 119-DD. Local historic preservation programs


Latest version.
  • In  addition  to
      existing powers and authorities for local historic preservation programs
      including existing powers and authorities to  regulate  by  planning  or
      zoning  laws  and  regulations  or  by  local  laws  and regulations for
      preservation of historic landmarks and districts and use  of  techniques
      including  transfer  of  development rights, the legislative body of any
      county, city, town or village is hereby empowered to:
        1. Provide by regulations, special conditions and restrictions for the
      protection, enhancement, perpetuation  and  use  of  places,  districts,
      sites,  buildings,  structures,  works of art and other objects having a
      special character or special historical, cultural or aesthetic  interest
      or  value.  Such  regulations,  special  conditions and restrictions may
      include appropriate and reasonable control of the use or  appearance  of
      neighboring private property within the public view, or both.
        2. Establish a landmark or historical preservation board or commission
      with  such  powers  as  are  necessary  to  carry  out all or any of the
      authority possessed by the  municipality  for  a  historic  preservation
      program, as the local legislative body deems appropriate.
        3.  After  due  notice  and  public hearing, by purchase, gift, grant,
      bequest, devise, lease or otherwise,  acquire  the  fee  or  any  lesser
      interest,  development  right,  easement,  covenant or other contractual
      right necessary to achieve the purposes of this article,  to  historical
      or  cultural  property within its jurisdiction. After acquisition of any
      such  interest  pursuant  to  this  subdivision,  the  effect   of   the
      acquisition on the valuation placed on any remaining private interest in
      such  property  for purposes of real estate taxation shall be taken into
      account.
        4. Designate, purchase, restore,  operate,  lease  and  sell  historic
      buildings or structures. Sales of such buildings and structures shall be
      upon  such  terms  and  conditions  as  the local legislative body deems
      appropriate to insure the maintenance of the  historic  quality  of  the
      buildings  and structures, after public notice is appropriately given at
      least thirty days prior to the  anticipated  date  of  availability  and
      shall  be  for  fair  and  adequate  consideration of such buildings and
      structures which in no event shall be less than the expenses incurred by
      the municipality with respect  to  such  buildings  and  structures  for
      acquisition, restoration, improvement and interest charges.
        5.  Provide for transfer of development rights for purposes consistent
      with the purposes of this article.