US Laws, Codes, Statutes & Cases

 
    §  3020.  Landmarks  preservation  commission.  1.  There  shall  be a
  landmarks preservation commission  consisting  of  eleven  members.  The
  membership  of  such commission shall include at least three architects,
  one historian qualified in the field,  one  city  planner  or  landscape
  architect,  and  one  realtor. The membership shall include at least one
  resident of each of the five boroughs.
    2. (a) The members of the commission shall be appointed by  the  mayor
  for  terms  of  three years, provided that of those members first taking
  office, three shall be appointed for one year, four for two  years,  and
  four  for three years. Each member shall serve until the appointment and
  qualification of his or her successor. The terms of members first taking
  office shall commence on the date of their appointment.
    (b) Before making any appointment of a member who is required to be an
  architect, historian or city planner or landscape architect,  the  mayor
  may  consult  with  the  fine  arts federation of New York and any other
  similar organization. In the event of a  vacancy  occurring  during  the
  term  of  a  member  of  the commission, the mayor shall make an interim
  appointment to fill out the unexpired term of  such  member,  and  where
  such  member  is  herein required to have specified qualifications, such
  vacancy shall be filled by interim appointment of a person  having  such
  qualifications, in the manner herein prescribed.
    3.  The  members  of  the commission other than the chair, shall serve
  without compensation, but shall be reimbursed for  expenses  necessarily
  incurred in the performance of their duties.
    4.  The  mayor shall designate one of the members of the commission to
  be chair and one to be vice-chair. The chair and vice-chair shall  serve
  as  such, until a successor or successors are designated. The commission
  shall appoint an executive director who shall devote full time to his or
  her duties.  The  commission  shall  submit  an  annual  report  on  its
  activities to the mayor.
    5.  The  commission  may  employ  technical  experts  and  such  other
  employees  as  may  be  required  to  perform  its  duties,  within  the
  appropriations therefor.
    6.  The  commission  shall  have  such  powers  and duties as shall be
  prescribed by law with respect to the establishment  and  regulation  of
  landmarks,  portions  of  landmarks, landmark sites, interior landmarks,
  scenic landmarks and historic districts.
    7. In order to provide an opportunity for comment, in advance  of  any
  hearing on a proposed designation of a landmark, landmark site, interior
  landmark,  scenic  landmark  or  historic district, the commission shall
  send a notice of the proposed designation and the hearing  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.
    8. All landmarks, landmark sites, interior landmarks, scenic landmarks
  and  historic  districts  designated  by  the commission pursuant to any
  applicable law shall be in full force and effect from and after the date
  of the action  of  the  commission.  Within  ten  days  after  making  a
  designation,  the  commission shall file a copy of such designation with
  the city planning commission and the council. 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 any such
  designation, whether of a historic district or a landmark, 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.

    9.  The  council  may  modify  or  disapprove  by  majority  vote  any
  designation  of the landmarks preservation commission within one hundred
  twenty days after a copy of such designation is filed with  the  council
  provided  that  the  city  planning  commission has submitted the report
  required  above  or that sixty days have elapsed since the filing of the
  designation with the council. All votes of the council pursuant to  this
  section  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.
    10.  (a)  There  shall  be  a  panel,  independent  of the commission,
  consisting of five members appointed by the mayor with  the  advice  and
  consent  of  the  council  in  accordance with the procedures in section
  thirty-one. Such panel shall review appeals from determinations  of  the
  commission  denying  applications  for  certificates of appropriateness,
  based on the grounds of hardship,  to  demolish,  alter  or  reconstruct
  improvements  that  are  exempt  from real property taxes, provided that
  such appeals may be brought only with respect to applications made under
  applicable law on the grounds of hardship applicable only to  tax-exempt
  properties.
    (b)  Within  a  reasonable  time period, the mayor shall submit to the
  council a proposed local law establishing the procedure,  including  the
  standard  of  review,  for reviews by such panel. If such a local law is
  not enacted within one year of the effective date of  this  subdivision,
  the mayor shall promptly establish by executive order the procedures for
  reviews  by  such  panel.  Such  panel  shall  not  review  appeals from
  determinations of the commission until the  effective  date  of  such  a
  local  law  or  executive  order;  provided,  however,  that  any of the
  applications described in paragraph  a  of  this  subdivision  that  are
  denied  by  the  commission  after  the  first  day of January, nineteen
  hundred ninety and prior to the effective date  of  such  local  law  or
  executive  order may be appealed to such panel during a sixty-day period
  commencing on the effective date of such local law or executive order.
    (c) The provisions of this subdivision shall not be construed to alter
  or amend the provisions of chapter three of  title  twenty-five  of  the
  administrative code and the judicial interpretations thereof.
    (d)  The  failure to appeal to the panel for review of a determination
  of the commission described in paragraph a of this subdivision shall not
  preclude the commencement of a judicial action or proceeding for  review
  of  such  a  determination;  provided,  however,  that no such action or
  proceeding may be brought during the pendency of an  appeal  before  the
  panel. Notwithstanding anything to the contrary in this subdivision, the
  commencement  of  a  judicial  action  or  proceeding  for  review  of a
  determination of the commission shall preclude  the  appeal  of  such  a
  determination  to  the  panel.  Any  party,  including  the  commission,
  aggrieved by a final determination of the panel may commence a  judicial
  action or proceeding for review of such determination of the panel.
    11.  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.