Head Of The Harbor City Zoning Code
ARTICLE XIII
Regulations for the Preservation of Scenic and Historic Resources
§ 165-61 Location of structures.
In order to preserve the open and unspoiled views of the scenic land and water resources of the Village, the following restrictions shall apply:
A.
No structures other than docks, erosion protection structures and beach access stairways and walkways shall be located within 100 feet of the mean high-water line of Stony Brook Harbor, or within 100 feet of Stony Brook Mill Pond or Stony Brook Mill Creek, or within 100 feet of the landward edge of a bluff overlooking said bodies of water, or within 100 feet of the boundary of any marshland, pond, stream or other water body, including but not limited to any identified on the New York State Freshwater or Tidal Wetlands Maps prepared for or by the State of New York and filed by the Department of Environmental Conservation pursuant to Article 24 and Article 25 of the State of New York Environmental Conservation Law, as such maps shall from time to time be amended.
[Amended 12-19-2001 by L.L. No. 4-2001]
B.
Structures shall be located on their sites in a manner which retains views and overlooks, preserves open space and provides visual organization to a site. The overall site topography and vegetative density and character shall be retained and maintained to the maximum extent after site development.
C.
Structures such as roads, power lines and signs shall be sited upland of shorelines or in other inconspicuous locations to maintain the attractive quality of the shoreline and to retain views to and from the shore.
§ 165-62 Visual standards.
The following standards shall apply generally to development within the Village:
A.
No trees or other vegetation shall be removed from any public place by the Village unless the Board of Architectural Review has determined that the visual values of the area will not be adversely affected or that suitable mitigation measures will be provided. Trees removed for reasons of public safety shall be replaced wherever possible with a similar type of vegetation.
B.
If open land without roadside trees is developed, the developer shall plant trees of at least two inches in trunk diameter and of a type similar to trees in the immediate vicinity along the road within 10 feet of the right-of-way, in order that the rural character of the Village and its road canopy shall be maintained in the future.
C.
The mass, shape, color, reflective qualities and texture of materials to be used in a structure shall be a harmonious complement to adjacent properties and the overall site topography and vegetative composition, as viewed from roads, water or the opposite shore.
D.
Historic structures and landmarks shall be retained, if practicable, as an important component of the visual environment.
E.
Construction in or adjacent to any historic district shall not present an intrusive or disharmonious element in the historic district.
§ 165-63 Preservation standards.
A.
The following standards relate specifically to the alteration, demolition, removal or relocation of structures within the National Register Historic Districts of the Village and to structures of local historical significance as identified in the Inventory of the Local Waterfront Revitalization Program:
(1)
The distinguishing original qualities or character of a building, structure or site and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural feature shall be avoided when possible.
(2)
Distinctive stylistic features or examples of skilled craftsmanship that characterize a building, structure or site shall be treated with sensitivity.
(3)
Deteriorated architectural features shall be repaired, whenever possible, rather than replaced. In the event that replacement is necessary, the new material should match the material being replaced in composition, design, color, texture and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplication of features, substantiated by historic, physical or pictorial evidence, rather than on conjectural designs or the availability of different architectural elements from other buildings or structures.
(4)
The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods which will damage the historic building materials shall not be undertaken.
(5)
Every reasonable effort shall be made to protect and preserve archaeological resources affected by, or adjacent to, any project.
B.
These standards shall not be construed to prevent the construction, reconstruction, alteration or demolition of any building, structure, earthwork or component thereof of a recognized historic, cultural or archaeological resource which has been officially certified as being imminently dangerous to life or public health. Nor shall these standards be construed to prevent the ordinary maintenance or repair or proper restoration, according to the United States Department of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings, of any building, structure, site or earthwork, or component thereof, of a recognized historic, cultural or archaeological resource which does not involve a significant adverse change to the resource.