Relates to the creation and recognition of architectural districts in a city with a population of one million or more

Title of bill

An act to amend the general municipal law, in relation to the creation and recognition of architectural districts

Purpose

To allow for the creation and recognition of architectural districts in a city with a population of one million or more.

Summary of provisions

Section 1 of this bill amends the article heading of article 5-K of the general municipal law to read as "Historic Preservation and Architectural Districts."

Section 2 amends the general municipal law by adding a new section 119-ddd which states that the legislative body of a city with a population of one million or more shall recognize and establish an architectural district or commission with such powers as are necessary to carry out all or any of the authority possessed by the municipality for such creation, as the local legislative body deems appropriate.

Subdivision 2 of this section requires an individual to submit a detailed plan setting forth architectural design characteristics such as, but not limited to, natural areas, aesthetics, and open spaces within the community. These plans shall include a rendering, drawing, sketch prepared to specifications that shows the arrangement, layout, and design of the proposed architectural district and shall be reviewed pursuant to subdivision three of this section.

Subdivision 3 of this section states that after notice and public hearing by the governing board of such municipality, regarding a proposed creation and recognition of an architectural district, such board shall determine whether to recognize and establish such district and preserve the qualities it deems qualifies as such district.

Subdivision 4 of this section states that the governing board of the municipality in which an architectural district is created and recognized, pursuant to subdivision three of this section, shall determine the entity who shall enforce the preservation of such district.

Section 3 states that this act shall take effect immediately.

Justification

Currently, neighborhoods can change their zoning to protect against overdevelopment or apply for historic district designation to protect the historic character of the neighborhood. Unfortunately, some neighborhoods have been unsuccessful in obtaining either type of protection due to the difficulty in getting an area zoned as a special district or because of the overly restrictive qualifications that are required for a historic district designation.

For example, many neighborhoods, such as Broadway-Flushing in Queens, have spent years fighting against the Landmark Preservation Commission's refusal to designate their neighborhood as a historic district.

This bill would afford neighborhoods throughout New York City an alternative path for maintaining the character of their neighborhood through a mechanism that is less stringent than is required to create special zoning districts or landmark designations. By mandating that the City establish architectural districts, residents will be given another opportunity to retain the unique architectural integrity of their community that would otherwise be lost to development.

Legislative history

New bill.

Fiscal implications

Minimal.

Effective date

This act shall take effect immediately.