senate Bill S4190

2013-2014 Legislative Session

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

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to cultural affairs, tourism, parks and recreation
Mar 13, 2013 referred to cultural affairs, tourism, parks and recreation

S4190 - Bill Details

Current Committee:
Senate Cultural Affairs, Tourism, Parks And Recreation
Law Section:
Parks, Recreation and Historic Preservation Law
Laws Affected:
Add §14.11, Pks & Rec L

S4190 - Bill Texts

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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.

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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

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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4190

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08780-02-3

S. 4190                             2

  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.

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