[Amended 9-19-2000 by L.L. No. 1-2000; 12-16-2003 by L.L. No.
5-2003]
The Board of Trustees hereby finds that excessive
uniformity, dissimilarity, inappropriateness of design of structures
and the inappropriate development of parcels which fails to consider
the impact of parking, means of access, screening, preservation of
slopes, native trees and shrubs, landscaping, vistas, location, dimension
and architectural features of structures and the impact of the proposed
development on neighboring properties adversely affects the community.
It is the intent of this article to establish procedures and design
criteria necessary to avoid such results and to preserve natural resources,
such as native trees, shrubs and slopes, and enhance the character,
historical interest, beauty and general welfare of the Village and
to ensure that the development of parcels and design of structures
in the Village shall aid in creating a balanced and harmonious composition
of the whole, as well as in the relationship of its several parts.
A.
Requirement. Architectural and site plan approval is required for all uses permitted in all of the zoning districts of the Village and for all special permit uses as they pertain to the development of, and construction of improvements on, all parcels within the Village. No zoning or building permit shall be issued unless approved pursuant to this article. The Architectural/Site Plan Commissioner (ASPC) and the Planning Board, in approving site plans, may impose conditions that are more stringent than the minimum requirements of this chapter to the extent that such conditions promote the purposes of § 205-30.
B.
Procedure.
(1)
The owner or his agent shall submit a survey and a site plan with supporting data to the Building Inspector upon the filing of an application for a zoning or building permit. Prior to the filing of an application for a building permit, the owner or his agent may submit a preliminary site plan and building plan to obtain preliminary approval of the plans to facilitate the preparation of the final plans to be filed with the building permit application. The fees for filing an application for preliminary approval are set forth in Chapter 112 (Fees and Deposits).
[Amended 3-15-2005 by L.L. No. 4-2005]
(2)
Every application for a zoning or building permit for the construction of any building or structure or the improvement of any parcel or the excavation, filling, grading or use of land, including an application for preliminary approval, shall be referred by the Building Inspector to the ASPC for review. The ASPC, who shall be appointed by and serve at the pleasure of the Board of Trustees, shall approve, approve with modifications or disapprove the application within 60 days after a completed application has been filed with the Building Inspector. The ASPC shall be guided by the same standards of review which are applicable to the Planning Board under this article, enumerated in § 205-33. If the ASPC notifies the applicant, in writing, of his disapproval of the permit application (or application for preliminary approval) or does not take any action on the application within the sixty-day period, the applicant may appeal such disapproval or nonapproval to the Planning Board by submitting to the Board six copies of the complete site and building plans and fees and deposits equal to those required for appeals to the Board of Appeals.
[Amended 3-15-2005 by L.L. No. 4-2005]
(3)
Public hearings of the Planning Board shall be held
at the call of the Chairman or any three members of the Planning Board
and at such times as the Planning Board may determine.
(4)
With respect to applications which are to be reviewed
by the Planning Board at a public hearing, the Planning Board shall
fix the time for the hearing within 62 days from the date the complete
site and building plans, fees and deposits are received by the Planning
Board. Public notice of such a meeting shall be published once in
the official newspaper of the Village at least five days prior to
the hearing date. The applicant shall cause a copy of such notice
to be mailed by certified mail, return receipt requested, to all property
owners within 200 feet of the lot. An affidavit of mailing along with
receipts of the same shall be filed with the Planning Board three
days prior to the date of the hearing. The Planning Board shall approve,
approve with modifications or disapprove the application.
(5)
The failure of the Planning Board to hold a hearing
on any application referred to it within 62 days after receiving a
completed application or the failure of the Planning Board to render
its decision within 62 days after the hearing or adjourned hearing
thereon shall be deemed an approval of the zoning or building permit
application and require prompt issuance of a zoning or building permit,
provided that all other applicable requirements have been satisfied.
(7)
The ASPC or Planning Board may require changes or
modifications in building and site plans as a condition of approval
and require adherence to the plans as a condition to the issuance
of the zoning or building permit.
(8)
No certificate of occupancy shall be issued unless
and until there is total compliance with the approved site and building
plans, except that in cases where a building or structure is completed
but the required landscaping is not completed, the property owner
may post a bond or cash deposit with the Village, in an amount determined
by the Building Inspector, as security to ensure that such required
landscaping will be satisfactorily completed within a reasonable period
extending not more than six months from the date the certificate of
occupancy is issued.
[Amended 3-15-2005 by L.L. No. 4-2005]
The owner or his agent shall submit, in addition
to the zoning or building permit application, or when seeking preliminary
approval of the plans, a site plan with supporting data that shall
include the following information:
A.
Topographical survey of property showing existing
features, building structures, major trees proposed to be removed
or affected having a girth of over 24 inches at a point 4 1/2
feet above the ground, streets, utility easements, rights-of-way and
land use.
B.
Proposed building locations.
C.
Traffic circulation, parking and open spaces.
D.
Landscaping plans, including site grading and landscape
design.
E.
Architectural drawings for buildings to be constructed,
including floor plans, exterior elevations and sections.
F.
Engineering plans, including street improvements,
drainage system and public utility extensions.
G.
Engineering feasibility studies of any anticipated
problems which might arise due to the proposed development as required
by the Planning Board,
H.
Description of proposed uses, construction sequence
and time schedule for completion of each phase for buildings, parking
spaces and landscaped areas.
A.
Site plan approval. The Planning Board shall review
the site plan and supporting data, taking into consideration the following
objectives:
(1)
The harmonious relationship between proposed uses,
the architectural design of nearby buildings and structures and existing
nearby uses.
(2)
Maximum safety of vehicular entry to the premises,
including driveway locations.
(3)
Maximum adequacy of interior circulation for vehicles
and parking facilities.
(4)
Adequacy of landscaping and setbacks in regard to
achieving maximum compatibility and protection to adjacent residential
properties.
(5)
Preservation of existing natural resources, such as
native trees, streams, slopes and natural vistas, and of natural flora
and fauna.
(6)
Maintenance of the historical character of designated
roads and places.
B.
Architectural approval. In reviewing each application,
the Planning Board will take into consideration the traditional concepts
of building design, including scale, proportion, balance, rhythm,
and order as defined herein, similarity and dissimilarity and determine
that the proposed construction meets the purposes and objectives of
this article.
(1)
Scale is a measure of the relative or apparent size
of a building or any architectural element in relation to the dimensions
of the human body. The scale of a building is important to determine
whether the construction is compatible with its setting and adjacent
buildings. A stark contrast of scale between adjacent buildings is
visually disruptive, while a similarity and consistent scale provide
a fundamental relatedness. Traditional scale shall be encouraged.
Scale should also be considered to be space between buildings, natural
setting, and existing and proposed landscaping, all of which should
accentuate the rural aspects of the Village.
(2)
Proportion is the relation of one dimension of an
element to another. The overall object of considering proportion is
to achieve the creation of visual architectural order through the
coordination or repetition of traditional design. Visual chaos caused
by the combination of many different or unrelated shapes is to be
discouraged.
(3)
Balance is the weighing of the visual elements of
the building design to achieve a traditional symmetry or an asymmetrical
dynamic balance that is in keeping with the character of existing
improvements and surrounding structures.
(4)
Rhythm is the visual movement of the regular recurrence
of the building elements in an alternation with opposite or different
building elements. Designs should encourage a traditional rhythm that
creates interest and not one of monotonous repetition.
(5)
Order is the visual relationship between the parts
of a building and their combination to form a unified design concept.
Order should be encouraged to create skillful and pleasing variations
of the architectural emphasis and size.
C.
The insertion of new construction, and an addition
or alteration into an established community will emphasize a design
that strengthens the physical and visual harmony to achieve a sense
of order and compatibility. Building design that does not relate to
the surrounding neighboring buildings or the existing elements of
the natural terrain of the Village is to be discouraged.
D.
Adherence to the above design principals will preserve
the rural character of the Village; ensure that all new buildings
and structures are compatible with the buildings and structures located
on adjacent property and in harmony with the Village; encourage new
buildings and structures that reflect in quality design the traditions
and historic character of the Village, and foster a relatedness of
character and sense of place among all new buildings based on historic
and traditional forms.
E.
The Board may approve, or approve subject to modifications,
any application referred to it upon the Board's finding that the construction
is in accordance with the approved plan, and is in harmony with the
intent of this article.
F.
Should changes or additional facilities be required
by the Planning Board, final approval of the site plan shall be conditioned
upon satisfactory compliance by the owner.
A.
In reviewing the application, the Planning Board is
charged with the responsibility of maintaining the desirable and historic
character of the Village and of disapproving construction, reconstruction
and alteration of structures and development of lots designed without
consideration as to the harmonious relationship between the new or
altered structures or parcels and existing structures and parcels
in the community.
B.
The Planning Board is further charged with the duty
of exercising sound judgment to disapprove plans which, in its opinion,
unnecessarily disrupt slopes or result in the unnecessary destruction
of native trees or natural flora or fauna, are not harmonious with
the historical characteristics or structures in the community because
of proposed style, materials, mass, line, color or detail or in relation
to the spaces between structures or the natural character of the landscape
or because the plans do not provide for the design of structures and
open spaces so as to create a balanced and harmonious composition
as a whole and in relation to its several parts and features to each
other.
