Village of New Hyde Park, NY
Nassau County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of New Hyde Park 12-4-2001 by L.L. No. 7-2001. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 57.
Signage and advertising materials — See Ch. 156.
Stormwater management and erosion and sediment control — See Ch. 164.
Zoning — See Ch. 195.

§ 6-1 Purpose; findings of fact.

A. 
It is the purpose of this chapter to preserve and promote the character, appearances and aesthetics of the Village and to conserve the property values of the Village by providing procedures for an architectural and preliminary site review of all land developed and all structures henceforth erected, reconstructed, altered or remodeled in the Village, and by so doing to:
(1) 
Encourage good qualities of exterior building design and good appearances to relate such design and appearances to the sites and surroundings of structures.
(2) 
Preserve the prevailing aesthetic character of the neighborhood and geographic area and to enhance same by means of complementary structures.
(3) 
Permit originality and resourcefulness in building design and appearances which are appropriate to the sites and surroundings.
(4) 
Promote and encourage good qualities of architectural design and utilization of land in the erection and construction of new structures and the exterior refurbishing, reconstruction or alteration of existing structures.
(5) 
Assure that the design and location of any proposed structure, or the addition, alteration or reconstruction of any existing structure, is in harmony with the existing topography of its site and/or the existing structure as well as the neighboring geographic area and existing property.
(6) 
Discourage and prevent such design that would adversely affect or cause the diminution in value of neighboring property, whether improved or unimproved.
(7) 
Prevent such design and appearances as are unnecessarily offensive to visual sensibilities, which impair the use, enjoyment, value or desirability of neighboring properties and the health, safety and general welfare of the community at large.
B. 
The Board of Trustees hereby finds it necessary to create a mechanism for architectural and preliminary site plan review since:
(1) 
Structures which are visually offensive or inappropriate by reason of poor exterior design, poor site layout, monotonous similarity or striking visual discord or dissimilarity in relation to their site or surroundings would mar the appearances of and adversely affect the desirability of the immediate area and neighboring areas.
(2) 
Such structures would discourage and prevent the most appropriate development and utilization of land throughout the Village.
(3) 
Such structures would impair the use, enjoyment and desirability and stability of both improved and unimproved property and are detrimental to the character of neighborhoods, produce degeneration of the values of real property with attendant deterioration of conditions affecting the functioning, economic stability, prosperity, health and safety of the inhabitants of the Village and destroy a proper relationship between the taxable value of real property and the cost of municipal services provided therefor.
C. 
It is the purpose of this chapter to prevent these and other harmful effects and thus to promote the health, safety and general welfare of the community.

§ 6-2 Delegation of authority.

A. 
There is hereby delegated to the Planning Board of the Village the authority and responsibility to carry out the spirit and purpose of this chapter and to examine, hear, deliberate upon and act upon applications brought before it pursuant to the requirements of this chapter.
B. 
The Superintendent of Buildings shall act as advisor to the Village Planning Board with respect to its activities pursuant to this chapter.

§ 6-3 Powers and jurisdiction.

A. 
The Planning Board shall conduct an architectural review of and decide upon all of the following:
(1) 
All applications for the construction of any new building or structure.
(2) 
All applications for alterations or additions to any building or structure, except that with respect to a one-family residence in a residential zoning district, additions, alterations or reconstruction which shall not increase the gross floor area of a building by more than 20% thereof shall be exempt from the provisions of this chapter.
(3) 
Repainting, re-siding or altering of the exterior of any building or structure which results in a change of color or materials, except one-family residences.
(4) 
Design of exterior signs.
B. 
There is also delegated to the Planning Board the authority to conduct a review of and to issue an approval or denial for preliminary site plan approval. The Board of Trustees shall have jurisdiction over final site plan approval.

§ 6-4 Architectural review.

A. 
Review of plans.
(1) 
A preliminary conference may be held between the Planning Board and the applicant prior to the preparation and submission of a formal plan. The intended purpose of such a conference is to enable the applicant to inform the Planning Board of a proposal prior to the preparation of a detailed submission and to provide the Planning Board with an opportunity to review the basic design concept, to advise the applicant as to potential problems and concerns and to generally determine the information to be required on the formal submission.
(2) 
The Planning Board may waive any of the requirements of this section where, due to character, size, location or special circumstances, either the preliminary conference or any particular information is not required in order for the Planning Board to properly perform its review.
(3) 
No building permit for any building or structure subject to this chapter shall be issued unless it shall first have been approved by a vote of at least a majority of the members of the Planning Board.
(4) 
Final approved maps or plans, materials and specifications may not be altered in any way without the express prior approval of the Planning Board. Any requested changes of the approved plans or maps must be submitted for review at least seven days prior to the next regularly scheduled meeting of the Planning Board, and no construction work involving such changes shall be commenced or continued until approval of the Planning Board is granted. The Superintendent of Buildings shall, in cases of violation of this procedure, order all work to be halted and, if necessary, revoke the building permit until such time that amended plans or maps are approved by the Planning Board. This section may also be enforced by the Board of Trustees by means of injunction. If the Village proceeds by injunction and is successful, reasonable attorneys' fees, engineering fees and other expert witness fees shall be paid by the defendant.
B. 
Standards for review.
(1) 
In considering an application, the Planning Board shall take into account natural features of the site and surroundings, exterior design and appearances of existing structures and the character of the neighborhood and the peculiar suitability of the application for particular purposes, with a view to preserving the values of property and encouraging the most appropriate use of land.
(2) 
The Planning Board may approve any application to it upon finding that the building or structure for which the permit was requested, if constructed, erected, reconstructed or altered in accordance with the submitted plan, would be in harmony with the purpose of this chapter, would not be visually offensive or inappropriate by reason of poor quality of exterior design, monotonous similarity or striking visual discord in relation to the sites or surroundings, would not mar the appearance of the area, would not impair the use, enjoyment and desirability and reduce the value of properties in the area, would not be detrimental to the character of the neighborhood, would not prevent the most appropriate utilization of the site or of adjacent land and would not adversely affect the functioning, economic stability, prosperity, health, safety and general welfare of the entire community.
(3) 
In approving any application, the Planning Board may impose appropriate conditions and safeguards designed to prevent the harmful effects set forth above.
(4) 
The Planning Board may disapprove any application for a permit, provided that the Planning Board has afforded the applicant an opportunity to confer upon suggestions for change of the plan or map and provided that the Planning Board finds and states that the structure or building for which the permit was requested would, if erected, constructed, reconstructed or altered as indicated, provide one or more of the harmful effects set forth above by reason of:
(a) 
Monotonous similarity to any other structures or buildings located or proposed to be located in the vicinity in respect to one or more of the following features of exterior design and appearance:
[1] 
Substantially identical facade, disregarding color.
[2] 
Substantially identical size and arrangement of either doors, windows, porticos, porches or garages or other openings or breaks or extensions in the facade, including reverse arrangements.
[3] 
Other substantially identical features, such as, but not limited to, setbacks from street lines, heights, widths and lengths of elements of building design and exterior materials and treatments.
(b) 
Striking dissimilarity, visual discord or inappropriateness with respect to other structures or buildings located or proposed to be located in the vicinity in respect to one or more of the following features of exterior design and appearance:
[1] 
Facade, disregarding color.
[2] 
Size and arrangement of doors, windows, porticos, porches or garages or other openings, breaks or extensions in the facade.
[3] 
Other significant design features, such as but not limited to heights, widths, lengths or elements of design, exterior materials and treatments, roof structures, exposed mechanical equipment, service and storage areas, retaining walls, landscaping, signs, light posts, parking areas, fences and service areas.
(c) 
Visual offensiveness or other poor qualities of exterior design, including but not limited to excessive divergences of the height or levels of any part of the structure or building from the grade or terrains, harmony or discord of color or incompatibility of the proposed structure, building, refurbishing, reconstruction, alteration or addition with the terrain on which it is to be located and the failure of the exterior design to complement and enhance the natural beauty of its site in regard to landscape, topography, surrounding structures and the scenic character of roadways when visible from said roadways.
C. 
Action on application. Within 90 days of the date of determination of a completed application by the Planning Board, the Planning Board shall approve, approve with modifications or disapprove the application. The time period in which the Planning Board must render its decision and recommendation may be extended by the Planning Board for good cause. The failure of the Planning Board or any other reviewing agency to make a determination within any formal time period shall be deemed a disapproval or recommendation of disapproval of the application.
D. 
Appeals. Any applicant aggrieved by a decision of the Planning Board with reference to the jurisdiction of this chapter shall be entitled to appeal the decision to the Village Board of Trustees.

§ 6-5 Preliminary site review.

A. 
Applicability; exceptions.
(1) 
Prior to the issuance of a building permit in any zoning district for a new building or structure or an addition thereto and for the alteration of a building or structure for any new land use or any altered land use activities requiring a variance or a special permit, the Superintendent of Buildings shall require site plan approval in accordance with the provisions of this chapter. Exceptions to these requirements are:
(a) 
Construction of a single one-family dwelling on a single plot not in conjunction with an adjoining lot.
(b) 
Additions to one-family dwelling.
(c) 
Permitted accessory buildings or structures to a one-family dwelling.
(d) 
Exterior alterations which do not result in any modification or rearrangement of building coverage or floor area.
(2) 
The Superintendent of Buildings shall notify an applicant for a building permit in each case where site plan approval is required.
B. 
Sketch plan submission.
(1) 
A sketch plan conference shall be held between the Planning Board and the applicant prior to the preparation and submission of a formal site plan. The intent of such a conference is to enable the applicant to inform the Planning Board of the proposal prior to the preparation of a detailed site plan and to provide the Planning Board with an opportunity to review the basic site design concept, to advise the applicant as to potential problems and concerns and to generally determine the information to be required on the site plan.
(2) 
In order to accomplish these objectives, the applicant shall provide eight copies of the following to the Planning Board:
(a) 
A statement and sketch drawn to scale showing the locations and dimensions of the principal and accessory structures, parking areas (including ingress and egress and curb cuts), signs, existing and proposed vegetation and other existing topography and natural features; proposed water supply and sewage and waste disposal facilities; provisions for storm drainage, recreation and open space; and zoning calculations.
(b) 
An area map showing the parcel under consideration for site plan review and all properties, subdivisions, streets, rights-of-way and other pertinent features within 300 feet of the boundaries of the parcel.
(c) 
A topographic or contour map of adequate scale and detail to show site topography.
(d) 
An economic analysis of the project indicating, as applicable, such information as cost of construction and development, proposed rental or sales prices, market area, cost and manner of providing public utilities, etc.
(3) 
Notwithstanding Subsections B(1) and (2) above, the Planning Board may waive requirements of the sketch plan submission, upon the request of the applicant, where, due to character, size, location or special circumstances, any particular information or the sketch plan conference is not required in order for the Planning Board to properly perform site plan review.
(4) 
The submission of documentation for a sketch plan conference shall be deemed a preliminary submission only and shall not commence the running of any time periods within which any reviewing agency or body shall be required to act.
C. 
Application for site plan approval.
(1) 
Application contents. An application for site plan approval shall be made in writing to the Superintendent of Buildings and shall be accompanied by supporting information and documentation. If a sketch plan conference was held, the supporting information shall include the elements identified by the Planning Board at said sketch plan conference. The site plan shall be prepared by a licensed engineer or licensed architect. In an appropriate case, the Planning Board may require that specific components of the site plan be prepared by a licensed landscape architect or licensed surveyor. The applicant for site plan approval shall submit 15 copies, which shall include the following information:
(a) 
An area map showing the applicant's entire holding, that portion of the applicant's property under consideration, including any easements or deed restrictions, and all properties, subdivisions, streets and areas dedicated to public use within 300 feet of the applicant's property.
(b) 
A map of site topography at two-foot contour intervals.
(c) 
A rendered site plan at one-quarter-inch scale.
(d) 
The title of the drawing, including the name and address of the applicant, the owner and the person responsible for preparation of such drawings.
(e) 
North arrow, scale and date.
(f) 
Boundaries to the property plotted to scale.
(g) 
Existing buildings and structures.
(h) 
Grading and drainage plan, showing existing and proposed contours, rock outcrops, depth to bedrock, soil characteristics and watercourses, including top elevations of all site structures.
(i) 
Location, design, type of construction, proposed use and exterior dimensions of all buildings and accessory structures.
(j) 
Location, design and type of construction of all parking spaces and loading areas, showing ingress and egress, curb cuts, size of such spaces and areas, width of circulation aisles and distances from property lines and all other requirements of this chapter.
(k) 
Material board showing sample materials of all paving, curbs, retaining walls, etc.
(l) 
Location, design and type of construction of all pedestrian access.
(m) 
Location of outdoor storage, including but not limited to materials, refuse and similar items.
(n) 
Location and design of all existing and proposed site improvements, including drains, culverts, walls, fences, hedges and screen plantings and all existing trees on the subject property which have at least one trunk with a diameter of eight inches or greater, measured 41/2 feet above the ground.
(o) 
A description of the method of public water supply, stormwater and sewage disposal and the location of such facilities and estimated volumes.
(p) 
Location of fire and other emergency zones, including the location of fire hydrants.
(q) 
Location and design of all utilities, including electrical, gas and solar energy, telephone and cable television.
(r) 
Location, size, design and type of construction of all proposed signs.
(s) 
Location and proposed development of all buffer areas, including existing vegetative cover.
(t) 
Location and design of outdoor lighting facilities and means of illumination showing lighting levels achieved over the entire site.
(u) 
Location and amount of building area proposed for each intended use, including storage and common areas.
(v) 
General landscaping plan and planting schedule and maintenance program description.
(w) 
An estimated project construction schedule and the total estimated project cost.
(x) 
Identification of federal, state, county or town permits required for the execution of the project and the status thereof.
(y) 
Other elements integral to the proposed development as considered necessary by the Planning Board, including but not limited to traffic studies, elevations and one block model to scale covering a three-hundred-foot radius from the site.
(z) 
Roof plan showing all mechanicals and screening for the roof.
(aa) 
Maintenance plan for the construction phase of the project.
(bb) 
Part 1 of an environmental assessment form (EAF) in accordance with the State Environmental Quality Review Act and regulations (SEQR).
(cc) 
A stormwater pollution prevention plan consistent with the requirements of Chapter 164 of this Code shall be required for site plan approval. The stormwater pollution prevention plan shall meet the performance and design criteria and standards in Chapter 164 of this Code. The approved site plan shall be consistent with the provisions of this Code.
[Added 12-8-2007 by L.L. No. 12-2007]
(2) 
The Superintendent of Buildings shall determine whether the proposed development meets the requirements of all provisions of this chapter other than those regarding site plan approval. If the Superintendent of Buildings determines that any variances or special permits are required, a determination shall be made as to the routing sequence of the application to the boards involved. The Planning Board shall determine whether the application is complete. If the application is not complete, the Planning Board shall notify the applicant of the additional information required.
D. 
Factors for consideration during review. The Planning Board's review of a site plan shall include but is not limited to the following considerations:
(1) 
Adequacy and arrangement of vehicular traffic access and circulation, including intersections, road widths, channelization structures and traffic controls.
(2) 
Adequacy and arrangement of pedestrian traffic access and circulation, including separation of pedestrian from vehicular traffic, walkway structures, control of intersections with vehicular traffic and pedestrian convenience, including handicapped access.
(3) 
Location, arrangement, appearance and sufficiency of off-street parking spaces and loading areas.
(4) 
Location, arrangement, size, design and general compatibility of buildings, uses, lighting and signs with other buildings and uses on and in the neighborhood of the site.
(5) 
Adequacy of architectural and plant screening and buffer areas, including the adequacy, type and arrangement of plant materials (to include trees, shrubs and other landscaping) constituting a visual-screening and noise-deterring buffer between the proposed use and adjoining uses or properties and the manner in which new and existing plant material will contribute to the stated purpose and development of the buffer.
(6) 
In the case of a multiple dwelling, the adequacy of usable open space for playgrounds and informal recreation.
(7) 
Adequacy of stormwater and sanitary waste disposal facilities.
(8) 
Protection of existing natural and landscaping features.
(9) 
Protection of adjacent properties against noise, glare, unsightliness or other objectionable features.
(10) 
Adequacy of water supply facilities.
(11) 
Overall impact on the neighborhood, including compatibility of design considerations.
(12) 
Conformance with the current Village Comprehensive Zoning Plan.
(13) 
Adequacy of overall plan in minimizing harmful effects upon the environment.
E. 
Planning Board action on site plan.
(1) 
Within 90 days of the date of determination of a completed application by the Planning Board, the Planning Board shall recommend approval, approval with modifications or disapproval of the site plan, except that where a public hearing is deemed necessary, the decision and recommendation on the site plan shall be made within 90 days after the closing of the record of the public hearing. The time period in which the Planning Board must render its decision and recommendation may be extended by the Planning Board. The failure of the Planning Board or any other reviewing agency to make a determination within any formal time period shall be deemed a disapproval or recommendation of disapproval of the application.
(2) 
The decision and recommendation of the Planning Board shall be forwarded to the Village Board of Trustees.
(3) 
In the event that the Planning Board determines that a site plan involves a need for a variance or special permit, the application shall be deferred by the Planning Board so that the applicant may make application to the Zoning Board of Appeals or the Board of Trustees as appropriate. Where the Planning Board has deferred site plan approval on these grounds, the Planning Board shall convey any information or documents which it deems appropriate to the Zoning Board of Appeals or the Board of Trustees, with respect to the variance or special permit requested, and the Planning Board may convey any opinions or recommendations which it may have with respect to the application. If the Zoning Board of Appeals or the Board of Trustees grants the variances or special permits, the applicant may resume the process to obtain site plan approval. The Board of Trustees may request a final recommendation from the Planning Board concerning an application for a special permit so that the special permit application may be consolidated or combined with final site plan review by the Board of Trustees.

§ 6-6 Final site review and approval.

A. 
The Village Board of Trustees shall review all site plan actions and recommendations by the Planning Board and shall independently approve, approve with modifications or disapprove site plans based on the factors set forth in this chapter or any other factors deemed appropriate. Such action shall be taken within 90 days of the date of receipt by the Board of Trustees of the recommendations of the Planning Board and the application has been determined to be complete by the Board of Trustees. The Board of Trustees may extend this time for one additional ninety-day-period.
B. 
For purposes of this section, an application shall not be deemed complete until all final actions shall have been taken pursuant to this chapter. The failure of the Board of Trustees to act within any stated time period or any extension of such period shall be deemed a disapproval of the application.
C. 
A stormwater pollution prevention plan consistent with the requirements of Chapter 164 of this Code shall be required for site plan approval. The stormwater pollution prevention plan shall meet the performance and design criteria and standards in Chapter 164 of this Code. The approved site plan shall be consistent with the provisions of this Code.
[Added 12-8-2007 by L.L. No. 13-2007]

§ 6-7 Public hearings.

The Planning Board and/or Village Board of Trustees and/or Zoning Board of Appeals may conduct a public hearing on the site plan if a majority of the members of any such board deem that such a hearing is in the public interest. The applicant shall provide evidence at the hearing that all record landowners within a three-hundred-foot radius of the proposed project, as said record owners appear on the most current tax rolls of the Nassau County Assessor's office, were notified by mail not less than 10 days nor more than 30 days before the public hearing. No hearing before any other board shall diminish the authority of the Board of Trustees to conduct a public hearing.

§ 6-8 Reimbursable expenses.

No building permit shall be issued pursuant to the provisions of this chapter until all expenses incurred by the Planning Board and Board of Trustees for consultation fees (including, but not limited to, engineering, architectural and legal expenses) or other extraordinary expenses in connection with the review of a site plan are reimbursed to the Village by the applicant. At the time of application, the applicant shall deposit with the Village Clerk such amount to cover consultation fees and extraordinary expenses as shall be established, from time to time, by resolution of the Board of Trustees. In instances where such expenses are minimal, the requirement for reimbursement of expenses may be waived by resolution of the Board of Trustees.

§ 6-9 Coordination of related project reviews.

A. 
During the site plan review process, the Planning Board and the Board of Trustees may consult with Village officials, officials of other governments or agencies and professional consultants.
B. 
Integration of procedures. Whenever the circumstances of proposed development require compliance with this chapter and with any other local law, chapter or requirement of the Village, the Planning Board shall attempt to integrate, as appropriate, site plan review as required by this chapter with the procedural and submission requirements for such other compliance.
C. 
State Environmental Quality Review Act (SEQR). SEQR shall apply to applications and improvements authorized by this chapter. The Village Board of Trustees shall act as lead agency for any action pursuant to this chapter. An environmental impact statement shall be required after the finding of a positive declaration. No final action shall be taken by the Planning Board or Village Board of Trustees until the provisions of SEQR shall be satisfied.
D. 
Referral of site plan to Nassau County Planning Commission. Where required by the General Municipal Law, the site plan application shall be forwarded to the Nassau County Planning Commission for its review. No final action shall be taken by the Village Board of Trustees until the Nassau County Planning Commission has issued its report.

§ 6-10 Waiver of requirements; additional regulations.

A. 
Waivers. Where the Planning Board finds that extraordinary and unnecessary hardships may result from strict compliance with this chapter, it may vary or waive the provisions hereof so that substantial justice may be done and the public interest secured. Such waiver shall not have the effect of nullifying the intent and purpose of the current Village Comprehensive Zoning Plan or any of the other requirements of this chapter. At the time of such waiver, the Planning Board shall make findings, to be recorded in the official minutes of the Planning Board, outlining the reasons for such waiver. No waiver so granted shall be binding upon the Board of Trustees.
B. 
An applicant may, in cases of hardship, apply directly to the Board of Trustees for a waiver of the provisions of this chapter. The Board of Trustees, for good cause shown, may direct that an application be submitted directly to itself.

§ 6-11 Performance bond and demonstration of financial responsibility.

In connection with its site plan review, the Board of Trustees may require a performance bond in an amount it shall determine to insure that upon completion of the project all the public improvements shown on the site plan are completed and furthermore to ensure that, in the event that the project is abandoned, the project is either completed or the site is restored to the condition which existed prior to the commencement of the project. The project shall be deemed abandoned if no substantial construction is performed on the site for a period of one year or the site plan approval has expired. The Board of Trustees may also require documentary demonstration to its satisfaction of the financial responsibility of the applicant to complete the project.

§ 6-12 Expiration of site plan approval.

Site plan approval shall automatically terminate one year after the same is granted by the Village Board of Trustees unless a building permit has been issued and there is physical evidence to demonstrate that substantial construction has taken place and is continuing. Upon application to the Village Board of Trustees, the site plan approval may be extended for additional one-year periods, upon a showing that the conditions existing at the time of the approval have not changed and that substantial steps to commence the project have been lawfully undertaken.

§ 6-13 Supplementary provisions.

This chapter shall supersede the provisions of § 4-412 and Article 7 of the Village Law of the State of New York, as amended, to the extent that such provisions conflict with or are contrary to the provisions of this chapter.

§ 6-14 Fees.

Applicant shall be required to pay the fees and deposits as same shall be set by resolution of the Board of Trustees from time to time. The payment of any fee or deposit in connection with an application shall be a condition precedent to the acceptance of any application.

§ 6-15 Subdivision review.

[Added 12-8-2007 by L.L. No. 14-2007]
A. 
A stormwater pollution prevention plan (SWPPP) consistent with the requirements of Chapter 164 of this Code shall be required for preliminary subdivision plat approval. The SWPPP shall meet the performance and design criteria and standards in Chapter 164. The approved preliminary subdivision plat shall be consistent with the provisions of this Code.
B. 
A stormwater pollution prevention plan (SWPPP) consistent with the requirements of Chapter 164 of this Code and with the terms of preliminary approval shall be required for final subdivision plat approval. The SWPPP shall meet the performance and design criteria and standards in § 164-7. The approved final subdivision plat shall be consistent with the provisions of this Code.