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ANEXO 1 | RECOPILACION DE NORMAS
INDICE
119-aa. Purpose
It is hereby declared to be the purpose of this article to encourage local governmental programs for
the preservation, restoration and maintenance of the historical, architectural, archeological
and cultural environment by clarifying and amplifying existing authority and providing neces-
sary tools for such purpose. The framework provided by this article is intended to maintain and
encourage the opportunity and flexibility for the counties, cities, towns and villages of the state
to manage the historic and cultural properties under their jurisdiction in a spirit of stewardship and
trusteeship for future generations and to authorize local governments to conduct their activities,
plans and programs in a manner consistent with the preservation and enhancement of historic
and cultural properties.
119-bb
Definitions.When used in this article, unless a different meaning clearly appears from the context, the
terms listed below shall have the following meanings:
1.
«Development rights» means the rights granted to a lot or parcel of land under a zoning ordinance
or local law respecting permissible use, area, bulk or height of improvements executed thereon.
Development rights may be calculated and allocated in accordance with such factors as area, floor
area, floor area ratios, height limitations or any other criteria including assessed valuation that will
effectively quantify a value for the development right in a manner that will carry out the objec-
tives of this article.
2.
«Historic and/or cultural place or property» means any building, structure, district, area, site or
object, including the underground and underwater sites, with significance in the history, architec-
ture, archeology or culture of the state, its communities, or the nation.
3.
«Historic district» means any area which: (a) has a special character or special historic, architec-
tural, archeological or cultural value; or (b) represents one or more periods or styles of architec-
ture typical of one or more eras; and (c) causes such area, by reason of such factors, to constitute a
distinct section.
4.
«Historic preservation» means, for the purposes of this article and notwithstanding any other provi-
sion of law, the study, designation, protection, restoration, rehabilitation and use of buildings,
structures, districts, areas, sites or objects significant in the history, architecture, archeology or
culture of this state, its communities, or the nation.
5.
«Registered property» means any historic place or property within the boundaries of the state
nominated by the commissioner of parks and recreation for listing on the national register of
historic places or listed on the New York state register of historic places established pursuant to
section 14.07 of the parks and recreation law.
6.
«Transfer of development rights» means the process by which development rights are passed
from one lot or parcel to another.
119-cc. Local historic preservation report.
1.
In order to facilitate the coordination between state and local preservation policies and activi-
ties and to provide necessary information for the effective financial and technical assistance to local
government and for a state clearinghouse of public preservation programs, the chief executive
officer of every county, city, town and village or designee of such officer may within twenty-four
months after the effective date of this section, prepare or cause to be prepared a local historic
preservation report. This report may include, but need not be limited to:
a.
A statement of the present status of historic preservation activities and land use or other
regulations relating thereto as they are being administered within the reporting jurisdiction by
the local governing body and its appointed agents including a landmarks commission, plan-
ning board, environmental management council or other agency;
b.
Proposals, if any, for the preservation and use of registered property and other historic and
cultural properties within the reporting jurisdiction;
c.
An identification and analysis of any problems or issues relating to the effectiveness of local
development or administration of historic preservation plans and programs, including problems
of funding and personnel requirements, procedural problems, enforcement problems, or any
other issue. After a public hearing has been held on a draft report such report in final form
shall be submitted to the commissioner of parks and recreation and a copy shall be available for
public inspection in the municipal office of the reporting jurisdiction. It may be reviewed and
updated as necessary.
2.
The commissioner of the office of parks and recreation shall prepare and distribute a format
which may be used or completed by reporting jurisdictions to satisfy the provisions of this sec-
tion. The purposes of such report are informational and compliance by a reporting jurisdiction shall
not be used by the commissioner or any other state official as a condition for the performance of
any state service, assistance or other action.
119-dd. Local historic preservation programs.
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 lo-
cal 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, perpetu-
ation 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 ap-
pearance 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 nec-
essary to carry out all or any of the authority possessed by the municipality for a historic preser-
vation 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 contrac-
tual 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 pur-
poses 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 legisla-
tive 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 antici-
pated 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.
Legislación de la Ciudad de Nueva York
New York New York City Administrative Code
Title 25 - Land Use
Chapter 3
(25-301 - 25-322)
Landmarks preservation and historic districts
§ 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 irreplace-
2.3.3
