§ 167-72. Designation of landmarks and historic districts.

A. 

The Town Board may designate an individual property as an historic landmark or may designate an historic district, upon recommendation by the Historic Preservation Review Commission, based on its:

(1) 

Possessing special character or historic or aesthetic interest or value as part of the cultural, political, economic or social history of the locality, region, state or nation;

(2) 

Being identified with historic personages;

(3) 

Embodying the distinguishing characteristics of an architectural style;

(4) 

Being the work of a designer whose work has significantly influenced an age; or

(5) 

Because of a unique location or singular physical characteristic, representing an established and familiar visual feature of the neighborhood.

B. 

The Town Board, upon recommendation by the Historic Commission, may designate a group of properties as an historic district if it:

(1) 

Contains properties which meet one or more of the criteria for designation of a landmark; and

(2) 

By reason of possessing such qualities, it constitutes a district section of the Town.

C. 

The boundaries of each landmark property or historic district designated henceforth shall be specified in detail and shall be filed, in writing, in the Town Clerk's office for public inspection.

D. 

Notice of a proposed designation shall be sent by certified mail to the owner of the property proposed for designation, describing the property proposed and announcing a public hearing by the Town Board to consider the designation. Any such notice shall be postmarked at least 10 days prior to the date of the public hearing. Where the proposed designation involves so many owners that the individual notice is infeasible, the notice shall instead be published at least once in the Town's official newspapers of general circulation at least 10 days prior to the date of the public hearing. Once the Town Board has issued notice of a proposed designation, no building permits shall be issued by the Building Inspector until the Town Board has made its decision.

E. 

The Town Board shall hold a public hearing prior to designation of any landmark or historic district. The Historic Preservation Review Commission, owners and any interested parties may present testimony or documentary evidence to the Town Board at the hearing which will become part of a record regarding the historic, architectural or cultural importance of the proposed landmark or historic district. The record may also contain staff reports, public comments or other evidence offered outside of the hearing.

F. 

The Town Board shall forward notice of each property designated as a landmark or designated historic district and their boundaries to the office of the Malta Town Clerk and Saratoga County Clerk for recording and to the affected landowners.