N.Y. General Municipal Law § 119-dd: Local historic preservation programs

§ 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 local 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, perpetuation 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 appearance 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 necessary to carry out all or any of the

authority possessed by the municipality for a historic preservation

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 contractual

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 purposes 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 legislative 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 anticipated 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.