Bill S4190-2013

Requires public notice to be provided prior to the demolition of certain historic buildings by publication, posting of signs, direct mailing and public hearing

Requires public notice to be provided prior to the demolition of a building designated by a local historical society as a historic building by publication, posting of signs, direct mailing and public hearing.

Details

Actions

  • Jan 8, 2014: REFERRED TO CULTURAL AFFAIRS, TOURISM, PARKS AND RECREATION
  • Mar 13, 2013: REFERRED TO CULTURAL AFFAIRS, TOURISM, PARKS AND RECREATION

Memo

BILL NUMBER:S4190

TITLE OF BILL: An act to amend the parks, recreation and historic preservation law, in relation to requiring public notice to be provided prior to the demolition of a historic building

PURPOSE:

Requires public notice be provided prior to the demolition of an historic building by publication, posting of signs, direct mailing and public hearings

SUMMARY OF PROVISIONS:

§ 14.11 Demolition of historic buildings. The owner of a publicly or privately owned historic building shall provide public notice of the intended demolition of such historic building at least one year prior to such intended demolition by:

1. publishing notification of the intended demolition of such historic building in a newspaper of general circulation in the area where the historic building is located no less than one year prior to the intended date of demolition of such building;

2. posting signs on the affected historic building or the property on which such building is situated at least ten months prior to the intended date of the demolition of such building;

3. mailing notification of intended demolition to all residents within a 2 mile radius of historic building ten months prior to intended demolition. Such mailing shall include the date, time, and location of public hearing to be held pursuant to subdivision four of this section; and

4. holding at least two public hearings' on the proposed demolition before the relevant state agency or governmental body authorizing such demolition. One hearing shall be held at least nine months prior to the intended demolition and the second shall be held at least six months prior to intended demolition

JUSTIFICATION:

All too often we find ourselves reading or hearing about an historic building that has been torn down by a developer. Later that developer then replaces it with a new shopping mall or apartments. This legislation will help to protect buildings that are of significant historic value to the communities by not allowing them to become arbitrary. When an historic building is being looked at with the intention of demolishing it, the person, company or corporation will be responsible to notify certain people in the community of his or her intentions. Furthermore, members of the community will be provided ample time to add their input. This legislation is also important because it shows community leaders that we stand with them in viewing the importance of past generations. This legislation does not prevent future development from taking place but merely recognizes historic value must also be considered before buildings can be torn down arbitrarily.

LEGISLATIVE HISTORY:

New Bill

FISCAL IMPLICATIONS:

None to the state

LOCAL FISCAL IMPLICATIONS:

None

EFFECTIVE DATE:

This will take effect immediately


Text

STATE OF NEW YORK ________________________________________________________________________ 4190 2013-2014 Regular Sessions IN SENATE March 13, 2013 ___________
Introduced by Sen. LATIMER -- read twice and ordered printed, and when printed to be committed to the Committee on Cultural Affairs, Tourism, Parks and Recreation AN ACT to amend the parks, recreation and historic preservation law, in relation to requiring public notice to be provided prior to the demo- lition of a historic building THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The parks, recreation and historic preservation law is amended by adding a new section 14.11 to read as follows: S 14.11 DEMOLITION OF LOCALLY DESIGNATED HISTORIC BUILDINGS. THE OWNER OF A PUBLICLY OR PRIVATELY OWNED BUILDING DESIGNATED BY A LOCAL HISTOR- ICAL SOCIETY AS A HISTORIC BUILDING SHALL PROVIDE PUBLIC NOTICE OF THE INTENDED DEMOLITION OF SUCH HISTORIC BUILDING AT LEAST ONE YEAR PRIOR TO SUCH INTENDED DEMOLITION BY: 1. PUBLISHING NOTIFICATION OF THE INTENDED DEMOLITION OF SUCH HISTORIC BUILDING IN A NEWSPAPER OF GENERAL CIRCULATION IN THE AREA WHERE THE HISTORIC BUILDING IS LOCATED NO LESS THAN ONE YEAR PRIOR TO THE INTENDED DATE OF DEMOLITION OF SUCH BUILDING; 2. POSTING SIGNS ON THE AFFECTED HISTORIC BUILDING OR THE PROPERTY ON WHICH SUCH BUILDING IS SITUATED AT LEAST TEN MONTHS PRIOR TO THE INTENDED DATE OF THE DEMOLITION OF SUCH BUILDING. SUCH SIGNS SHALL CLEARLY AND CONSPICUOUSLY STATE THE DATE OF THE PROPOSED DEMOLITION, THAT THERE WILL BE AT LEAST TWO PUBLIC HEARINGS REGARDING THE PROPOSED DEMOLITION, AND THE DATE OF THE FIRST PUBLIC HEARING; 3. MAILING NOTIFICATION OF THE INTENDED DEMOLITION OF THE HISTORIC BUILDING TO ALL RESIDENTS WITHIN A TWO-MILE RADIUS OF SUCH BUILDING AT LEAST TEN MONTHS PRIOR TO THE INTENDED DEMOLITION. SUCH MAILING SHALL INCLUDE THE TIME, DATE, AND LOCATION OF THE PUBLIC HEARINGS TO BE HELD PURSUANT TO SUBDIVISION FOUR OF THIS SECTION; AND
4. HOLDING AT LEAST TWO PUBLIC HEARINGS ON THE PROPOSED DEMOLITION BEFORE THE RELEVANT STATE AGENCY OR GOVERNMENTAL BODY AUTHORIZING SUCH DEMOLITION. ONE HEARING SHALL BE HELD AT LEAST NINE MONTHS PRIOR TO THE INTENDED DEMOLITION AND THE SECOND SHALL BE HELD AT LEAST SIX MONTHS PRIOR TO INTENDED DEMOLITION. S 2. This act shall take effect immediately.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Discuss!

blog comments powered by Disqus