[Added 5-12-1986 by L.L. No. 3-1986]
A.
It is the purpose of this article to preserve and
promote the character, appearances and aesthetics of the Village and
to maintain its property values by providing procedures for site and
architectural review of the exterior of new construction. By so doing,
this article will:
(1)
Encourage and maintain qualities of exterior building
design, proportions and appearances and relate and complement such
elements to the site and its surrounding properties and structures;
(2)
Promote originality and resourcefulness in building
design, proportions and appearances which are appropriate to the site
and surroundings while endeavoring to preserve the prevailing aesthetic
character of the neighborhood and Village;
(3)
Promote and encourage high qualities of both architectural
design and land use in the erection and construction of new structures
and the refurbishing, reconstruction or alteration of existing structures;
(4)
Ensure that the design, size, material, color and
siting of any proposed new structure or of any addition, alteration
or reconstruction to an existing structure are in harmony with the
existing topography of its site and any existing structures and their
existing improvements as well as with the neighboring countryside;
and
(6)
Prevent designs and exterior appearances that are
unnecessarily offensive to visual sensibilities, which adversely impact
on the use, enjoyment, value or desirability of neighboring properties
or which adversely affect the health, safety and general welfare of
the community at large.
C.
It is the purpose of this article to prevent these
and other harmful effects and thus promote the health, safety, morals
and general welfare of the community and preserve the unique character
of the Village and its natural beauty and environs.
[Amended 10-18-2004 by L.L. No. 3-2004; 6-12-2007 by L.L. No. 3-2007]
A.
There is hereby created a Site and Architectural Review Board consisting
of seven members to be appointed by the Mayor for a term of one year
and approved by resolution of the Board of Trustees; and two alternate
members appointed by the Mayor for individual terms of one year and
approved by resolution of the Board of Trustees. All members and alternate
members shall be property owners who are deemed qualified by experience
or civic interest to further the purpose of this article.
[Amended 9-22-2020 by L.L. No. 3-2020 and L.L. No. 4-2020]
B.
A member of the Site and Architectural Review Board may be a member
of the Planning Board. The alternate member or members may serve in
the absence of a member or members from a meeting of the Site and
Architectural Review Board.
[Amended 9-22-2020 by L.L. No. 3-2020 and L.L. No. 4-2020]
C.
The Mayor shall appoint a Chairperson and Vice Chairperson of the
Site and Architectural Review Board for terms of one year, respectively.
D.
The Board of Trustees may officially designate and retain one or
more registered architects to advise and take part in all deliberations
of the Site and Architectural Review Board. The Board of Trustees
may fix and provide for all necessary costs or expenses involved in
reviewing each application, including compensation for architects
and other professional and advisory services. An architect so retained
shall be without vote in regard to any application unless he/she is
a member of the Board.
E.
All the powers granted hereunder and all the functions and duties
to be performed pursuant to the provisions of this article shall be
vested in and carried out by the Planning Board until such time as
the Site and Architectural Review Board has been fully appointed and
constituted.
F.
Meetings of the Site and Architectural Review Board shall be held
regularly at the call of the Chairperson or at such other times as
the Board shall determine. The meetings of the Board shall be open
to the public. The number of members of the Board, including alternate
members, which shall constitute a quorum for the transaction of business
is four members. The Board shall keep minutes of its proceedings and
the vote of each member.
[Amended 9-22-2020 by L.L. No. 3-2020 and L.L. No. 4-2020]
G.
An application pending before the Site and Architectural Review Board
shall be deemed abandoned and withdrawn by the applicant, and shall
be discontinued by the Board, after a lapse of 12 months without reasonable
steps having been taken by the applicant to advance the application.
The Board may, within 90 days thereafter, entertain a request for
reinstatement of the abandoned application based on good cause shown.
Upon the discontinuance of an abandoned application, the applicant
shall be entitled to receive a refund of any unexpended sums held
on deposit by the Village in connection with the application, and
shall be responsible for reimbursement to the Village of any reimbursable
costs attributable to the application which the deposit was insufficient
to satisfy.
[Amended 9-22-2020 by L.L. No. 3-2020 and L.L. No. 4-2020]
H.
All decisions of the Site and Architectural Review Board shall be
filed in the office of the Village Clerk and shall be a public record.
[Amended 9-22-2020 by L.L. No. 3-2020 and L.L. No. 4-2020]
I.
Each member of the Site and Architectural Review Board shall attend,
at a minimum, a majority of the Board meetings occurring during each
year of the respective member's appointed term.
[Amended 9-22-2020 by L.L. No. 3-2020 and L.L. No. 4-2020]
J.
Each member of the Site and Architectural Review Board shall complete
training each year to enable such members to more effectively carry
out their duties. Training received by a member in excess of four
hours in any one year may be carried over by the member into succeeding
years in order to meet the requirements of this subdivision. Such
training shall be approved by the Board of Trustees. The training
required by this subdivision may be waived or modified by resolution
of the Board of Trustees when, in the judgment of the Board of Trustees,
it is in the best interest of the Village to do so. No decision of
the Site and Architectural Review Board shall be voided or declared
invalid because of a failure to comply with this subsection.
[Amended 9-22-2020 by L.L. No. 3-2020 and L.L. No. 4-2020]
K.
The Mayor shall have the power to remove, after public hearing, any
member of the Site and Architectural Review Board for cause, or without
cause subject to Board of Trustees approval. Any Site and Architectural
Review Board member may be removed for noncompliance with the minimum
requirements relating to meeting attendance or training established
by this subsection.
[Amended 9-22-2020 by L.L. No. 3-2020 and L.L. No. 4-2020]
L.
A secretary to the Site and Architectural Review Board shall be appointed
by the Mayor and approved by the Board. The secretary shall review
applications, communicate with applicants, create reports, schedule
matters before the Site Plan and Architectural Review Board, and file
and disseminate decisions of the Site Plan and Architectural Review
Board.
[Amended 9-22-2020 by L.L. No. 3-2020 and L.L. No. 4-2020]
A.
An applicant for a building permit shall file with
the Building Inspector an application on the prescribed forms with
the appropriate fee and submit the required accompanying plans and
supporting documents for the proposed construction and accompanying
drainage, grading, and landscaping in accordance with the adopted
rules and regulations of the Village and the provisions of this article.
When required, such application shall have attached the appropriate
approval of any environmental board or agency in the Village having
jurisdiction.
[Amended 9-8-2003 by L.L. No. 5-2003]
B.
After determining that the application and supporting
plans are complete and in proper form and the required fee paid, the
Building Inspector, within seven days of such determination, shall
refer the application to the Site and Architectural Review Board for
its consideration, except applications for patios, fences, pools,
hot tubs, fire pits, barbeques, kiosks, gazebos and patios may be
processed by the Building Inspector, provided the proposed construction
is in conformity with this Code. The Site and Architectural Review
Board shall meet and review the same within 20 business days from
the referral by the Building Inspector of a completed application.
The Site and Architectural Review Board shall render a decision within
40 business days from this referral either approving, disapproving
or approving with modifications.
[Amended 9-22-2020 by L.L. No. 3-2020 and L.L. No. 4-2020]
C.
No building permit requiring Site Plan and Architectural
Review Board approval shall be issued unless an application shall
first have been approved by a majority vote of the members of the
Site Plan and Architectural Review Board.
[Amended 9-22-2020 by L.L. No. 3-2020 and L.L. No. 4-2020]
D.
If 60 business days have passed since a completed
application has been duly referred to the Site Plan and Architectural
Review Board and a meeting of the Site Plan and Architectural Review
Board has not been scheduled, the Building Inspector, or his official
representative, shall issue the building permit, provided that the
application conforms to the provisions of this article and all applicable
local laws and ordinances.
[Amended 9-22-2020 by L.L. No. 3-2020 and L.L. No. 4-2020]
E.
The Building Inspector or his official representative
shall not issue any building permit for which an application has been
approved with modification by the Site and Architectural Review Board
unless the plans for such building have been changed to embody all
modifications in design, appearance or location that such Board may
have suggested so as to render the proposed building or its location
in compliance with the provisions of this article.
F.
Final approved maps or plans, materials and specifications
may not be substantially altered in any way without the express prior
approval of the Board. Any requested substantial alterations of the
approved plans, maps or materials must be submitted for review at
least seven days prior to the next regularly scheduled meeting of
the Site Plan and Architectural Review Board, and no construction
work involving such substantial alterations shall be commenced or
continued until approval of the Board is granted.
[Amended 9-22-2020 by L.L. No. 3-2020 and L.L. No. 4-2020]
G.
The Building Inspector is authorized to order all
work to be halted and, if necessary, to revoke any building permit
for any violation of this chapter. This may also be enforced by the
Board of Trustees by means of injunction.
[Amended 9-22-2020 by L.L. No. 3-2020 and L.L. No. 4-2020]
[Amended 9-22-2020 by L.L. No. 3-2020 and L.L. No. 4-2020]
A.
In considering an application, the Site and Architectural
Review Board shall be charged with maintaining the character of the
Village in furtherance of assisting the Board with protecting the
health, safety and welfare of the inhabitants and conserving the values
of property and encouraging the most appropriate use of land. The
Site Plan and Architectural Review Board may be guided in its determination
by the rural nature of the community, its open space and natural environs,
the topographical features of the Village and its unique suburban
characteristics. The Site Plan and Architectural Review Board may
take into account natural features of the site and surroundings, exterior
design and appearances of existing structures, the character of the
neighborhood and its peculiar suitability for a particular design
or siting.
B.
The Board may approve or approve with modifications
any application referred to it upon a finding that the construction,
in accordance with the approved plan, would be in harmony with the
purpose of this article.
C.
In approving any application, the Board may impose
appropriate conditions and safeguards designed to promote the purpose
of this article.
[Amended 9-22-2020 by L.L. No. 3-2020 and L.L. No. 4-2020]
Any applicant aggrieved by the action of the
Site and Architectural Review Board in disapproving an application,
and of the denial of a building permit because of such disapproval,
may request, within 30 days of the filing of the Site Plan and Architectural
Board's decision, that formal written findings of fact be filed. In
the event of such a request, the Board shall make such findings of
fact within 20 business days after the request is filed in the Village
Clerk's office. The applicant shall have 15 days' opportunity to respond to
the findings by a submission of additional evidence or amendments
to the application. The Site and Architectural Review Board shall
reconsider the application on the basis of such answer. If the application
is disapproved after reconsideration, the applicant may appeal to
the Zoning Board of Appeals of the Village of Muttontown, in accordance
with its rules, within 30 days after the filing in the office of the
Village Clerk of the decision of the Board after reconsideration.
[Amended 10-10-2006 by L.L. No. 2-2006; 9-22-2020 by L.L. No. 3-2020 and L.L. No. 4-2020]
The Site and Architectural Review Board may consult with the
Zoning Board of Appeals with respect to any request for a variance
on which the Zoning Board of Appeals is required to hear. The Site
and Architectural Review Board may consult with and advise the Board
with respect to any request for a special use permit on which the
Board is required to hear. Upon request, the Site and Architectural
Review Board may also consult upon any other land use or development
plan filed with the Board, Planning Board, or Zoning Board of Appeals.
