What the new Landmarks Designation Process Would Look Like

  1. Request is submitted to LPC.
  2. LPC shall create and maintain a publicly accessible database of RFEs.  Database will include: (532A)
    1. Name of person making request
    2. Address of property to be evaluated
    3. Current status of evaluation
    4. Resolution of request
  3. Request is sent to RFE Committee within 120 days (approx. 4 months). RFE Committee must make written recommendations  promptly to the full Commission (222A). Recommendations are to be one of the following (532A):
    1. Need more information from applicant (532A).
    2. Need 60 more days to respond (532A).
      1.   A total of 180 days (6 months) if the submitter is given written notice of the need for an extension within 30 days of receipt.
    3. Not recommended for further study at this time (532A).
      1.  This can be appealed by the Community Board, the Borough Board or a Landmarks Commissioner (Lander 1732).
      2.  This triggers a vote at LPC which is a Final Action.
    4. Accepted for further study (532A), which triggers:
  4. LPC has a “Study Period” to consider the request;  8 months for individual and interior landmarks; 18 months for historic districts and scenic landmarks after which the LPC must take vote to calendar (Lander 1732).
    1. Extendable by 4 and 6 months, respectively, if the LPC takes an affirmative vote  (Lander 1732).
    2. If no affirmative vote, presumption is that property is determined ineligible as a final action (Lander 1732).
    3. At time of calendaring, draft designation report must be made publicly accessible, which must include description and rationale for every building in a historic district (Comrie 3481)
  5. Public Review Period:  6 month period to hold public hearing and take final vote  (Lander 1732).
    1. Starts at official notice of owner(s) by registered mail.
    2. Public hearing must be held within two months of calendaring.
      1. Period is extendable by three months if LPC holds a second hearing.
  6. Ended by either LPC final vote or failure to take a final vote within study period (possible outer limit of 21 months for individual/interior landmark, 33 months for historic districts and scenic landmarks).
    1. At the public hearing, evidence may be presented related to the economic impacts of the designation and this may be considered by the City Planning Commission and the City Council (Comrie 3481).
    2. Buildings that have not been voted on by the end of the public review period are considered to be not under active consideration by the LPC.
    3. Once designated, LPC has 90 days to promulgate rules for regulation  of a historic district (Comrie 3481).
      1.  Regardless of rules,  all maintenance, repairs or minor work may be made with the same or similar materials as exist at the time of designation (Comrie 3598)
  7. After receiving notification of a designation City Planning has 60 to hold a hearing on a landmark, interior or historic district and submit a report to City Council (Comrie 3481).
    1. This report should include an analysis of the impact of landmark designation on the development potential  of the affected properties (Comrie 3481)
  8. After receiving notification of a landmark designation and either a report from City Planning or after 60 days after designation, the City Council can modify or disapprove of any landmark designation on the basis of
    1. Special character or special historical or aesthetic interest or value of the designation (Comrie 3481).
    2. The facts of the designation(Comrie 3481).
    3.  The relation of the designation to the zoning resolution, projected public improvements, any plans for growth or development (private or public) (Comrie 3481).
  9. Council shall specifically consider the relationship between the development potential of all properties affected by the designation, both public and private, and the existing development on such properties at the time of designation (Comrie 3481).
Posted Under: City Council, Legislation, LPC, The Politics of Preservation

10 comments

  1. The new Landmarks Designation Process will result in the city’s loss of significant borough neighborhoods that have endeavored to keep their historic houses and/or buildings. We must keep the designation process as is in order that New York City maintain an attractive housing stock for middle class taxpayers who wish to stay within the city limits and not resort to the suburbs for housing in historically maintained areas.

  2. The new Landmarks Designation Process will result in the city’s loss of significant borough neighborhoods that have endeavored to keep their historic houses and/or buildings. We must keep the designation process as is in order that New York City maintain an attractive housing stock for middle class taxpayers who wish to stay within the city limits and not resort to the suburbs for housing in historically maintained areas.

  3. Where, in the proposed bills, is there a timeline for LPC to reach a final designation? I only see timelines for referral to full commission. calendaring, hearings, but no mention about when the commission must come to final vote…?

  4. Where, in the proposed bills, is there a timeline for LPC to reach a final designation? I only see timelines for referral to full commission. calendaring, hearings, but no mention about when the commission must come to final vote…?

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