§ 85-636. Establishment of historic districts or historic landmarks; exclusion of religious institutions and school district properties.

A. 

An historic district shall be established by the Town Board after holding duly advertised public hearing on the matter and after receiving a written recommendation or report by the Commissioner. A petition with the signatures of owners of a minimum of 20% of the area to be designated by the Commissioner, excluding any school district property, will be required before the Commissioner makes his/her recommendation. The minimum of 20% of the area to be designated shall be calculated to be either 20% of the number of total number of parcels to be designated or 20% of the total acreage to be designated. Said area shall include owners of land who have any portion of their parcel contained within the area designated by the Commissioner. Said area shall not include owners of parcels adjacent to, abutting or across the street from areas designated by the Commissioner. All historic districts and historic district transitional areas shall be officially shown on the Town Zoning Map.

B. 

Exclusions.

(1) 

Religious institutions: Upon application to the Town Board, said Board may, by an affirmative vote of five members thereof, exclude a religious institution from an historic district. For purposes of this subsection, a "religious institution" shall be defined as such organization, association or corporation as complies with the requirements set forth in §§ 420-a, 420-b (nonprofit organizations), 460 and 462 of the New York Real Property Tax Law and shall have tax-exempt status as determined by the Assessor of the Town of Brookhaven.

(2) 

School district properties: School district properties shall be excluded from the formation of an historic district and historic district transitional areas. For the purposes of this subsection, said property shall be those properties that are exempt from taxation pursuant to § 408 of the Real Property Tax Law, and any amendments thereto, and that such property has tax-exempt status as determined by the Assessor of the Town of Brookhaven.

C. 

An historic landmark may be established by the Town Board after holding a duly advertised public hearing on the matter and after receiving a written recommendation or report by the Commissioner. Written notice of the public hearing must be given to the owner of said property as shown on the current Town of Brookhaven assessment roll not less than 10 days prior to the date of the public hearing.