§ 76-3.1. Construction, alteration, removal or demolition of New Castle landmarks.

A. 

No building, structure, site, or other element relating to the exterior features of a designated New Castle landmark shall be constructed, altered, moved or demolished except in compliance with the requirements set forth in this section and all other applicable laws of the State of New York, County of Westchester, and Town of New Castle.

B. 

The Committee shall review all plans for the moving, construction, alteration, or demolition of any element relating to the exterior features of a designated New Castle landmark.

(1) 

It shall be the duty of the Committee to review such plans and provide written comments before a building permit for the proposed activity is granted by the Building Inspector or, if Town agency approval is required, prior to approval of any application by appropriate Town agencies, such as the Zoning Board of Appeals, Planning Board, or Architectural Board of Review.

(2) 

The Committee shall only review plans relating to the exterior features of a structure or building and shall have no jurisdiction to consider interior walls, arrangements or structures.

C. 

Additions or alterations to buildings or structures located wholly or partly within designated New Castle landmarks should be consistent with, or appropriate to, the materials and styles of the particular architectural period associated with said buildings or structures. Additions or alterations should also be compatible in scale with the original buildings or structures and should leave them visible and intact to the greatest extent possible.

D. 

Procedure for the review of plans.

(1) 

Application for a permit to construct, alter, move or demolish any element relating to the exterior features of a New Castle landmark shall be made to the Building Inspector, who shall confirm that the property is currently designated as a New Castle landmark. The application shall state that the property is a New Castle landmark. Plans and photographs shall be submitted showing the existing element, its relation to adjacent structures or buildings, and the construction, alteration, moving or demolition proposed.

(2) 

The Building Inspector shall transmit the application and the plans to the Committee.

(3) 

The Committee shall then review the plans according to the provisions of this chapter. In reviewing the plans, the Committee may confer with the applicant or his authorized representative.

(4) 

The Committee shall provide written comments within 45 days after receiving the application and said plans and shall transmit these comments to the Building Inspector. The Building Inspector will, in turn, transmit the Committee's written comments to the applicant and to the appropriate Town agencies, such as the Zoning Board of Appeals, Planning Board, and Architectural Board of Review. If the Committee fails to act within 45 days of its receipt of the application and plans, the application shall be deemed to have met the requirements under this section. The forty-five-day review period may be extended by mutual consent of the applicant and the Committee, with notice to the Building Inspector. The Building Inspector shall promptly notify any appropriate Town agencies, such as the Zoning Board of Appeals, Planning Board, and Architectural Board of Review, of the agreed-upon extended review period.

(5) 

The Building Inspector shall not grant a building permit, and there shall be no final decision by the Zoning Board of Appeals, Planning Board or Architectural Board of Review, on an application for property designated as a New Castle landmark until at least 45 days have elapsed from the date the application and plans are received by the Committee or, if applicable, after the agreed-upon extended review period.

(6) 

Nothing in this section shall be construed to prevent ordinary maintenance or repair, with appropriate materials, of any element of a New Castle landmark.

E. 

This chapter shall not apply in any case where the Building Inspector or any authorized Town enforcement agency orders or directs the construction, removal, alteration or demolition of any element of a New Castle landmark for the purpose of remedying conditions determined to be unsafe or dangerous to the life, health or property of any person.