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LEGISLACION EN AMERICA
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LEGISLACION EN AMERICA
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ANEXO 1 | RECOPILACION DE NORMAS
INDICE
§ 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, perpetua-
tion and use of landmarks, interior landmarks, scenic landmarks and historic districts, the commis-
sion 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 char-
acteristics 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 effectu-
ate 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 land-
mark 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 des-
ignation 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 andmental 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 amend-
ment 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 amend-
ment 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 disap-
proval 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 rescis-
sion, 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 dis-
approve 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 coun-
cil 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 land-
marks, 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.
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 rescis-
sion 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 Rich-
mond in the office of the clerk of said county of Richmond, a notice of such designation, amend-
ment 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.
§ 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
