[Amended 7-12-1976 by L.L. No. 10-1976; 11-3-1980 by L.L. No. 15-1980; 9-17-2007 by L.L. No. 17-2007; ]
A. Membership. There is hereby created an Architectural
Review Board, consisting of five members, whose compensation shall
be determined by resolution of the Board of Trustees. A majority of
the members of said Board shall be residents of the Village, and all
members of said Board shall be persons deemed by the Board of Trustees
to be qualified by reason of sound judgment to determine the effects
of a proposed building, alterations or extensions of a building, a
group of buildings or plans of building development on the desirability
thereof, on property values and development of surrounding areas and
on the development of the Village as a whole. The members of the Architectural
Review Board shall be appointed and the Chairman thereof shall be
designated by the Board of Trustees.
[Amended 5-6-2013 by L.L. No. 6-2013]
B. Alternate members. The Village Board shall appoint
a first alternate member and a second alternate member and a third
alternate member who shall be called to serve on the Architectural
Review Board as a temporary replacement for any Board member who may
be unavailable to serve in such situations as recusal, sickness, vacation,
business engagements, or the like. The Chairman shall initially call
the first alternate to serve and, upon the unavailability of the first
alternate to serve, shall call upon the second alternate to serve;
should the second alternate be unable to serve, shall call upon the
third alternate to serve.
[Amended 5-6-2013 by L.L. No. 6-2013]
C. Terms of members. The term of office of each member
and each alternate member shall be three years.
D. Removal; vacancies. The Board of Trustees shall have
the power to remove any member or an alternate member for cause after
public hearing upon due notice and written specification of charges.
After evidence is presented by both sides, the Board of Trustees shall
render a determination within 60 days. Vacancies shall be filled by
appointment by the Mayor for the unexpired term of any member whose
place has become vacant.
E. Secretary designated. The Superintendent of Buildings
shall act as secretary to the Architectural Review Board.
[Added 9-17-2007 by L.L. No. 14-2007]
Each member of the Architectural Review Board
shall complete, at a minimum, four hours of training each year designed
to enable such member to more effectively carry out the duties of
office. Training received by a member of in excess of four hours in
any one year may be carried over into succeeding years in order to
meet the requirements of this subsection. Such training shall be approved
by the Board of Trustees and may include but not be limited to training
provided by a municipality, regional or county planning officer, commission,
county planning federation, state agency, statewide municipal association,
college or other similar entity. Training may be provided in a variety
of formats, including but not limited to electronic media, video,
distance learning and traditional classroom training.
[Amended 7-12-1976 by L.L. No. 10-1976]
Meetings of the Architectural Review Board shall be held at such times as the Board may determine and otherwise at the call of the Chairman. The Chairman or, in his absence, the Acting Chairman may administer oaths and compel the attendance of witnesses. A majority of the members of the Board shall constitute a quorum for the transaction of business. The Board shall keep minutes of its proceedings, showing the vote of each member on each question or, if absent or failing to vote, indicating such fact, and shall also keep records of its examinations and other official actions. The Board shall have power from time to time to adopt, amend and repeal rules and regulations not inconsistent with law or the provisions of this chapter governing its procedure and the transaction of its business and for the purpose of carrying into effect the standards outlined in §
6-5. Every rule or regulation, every amendment or repeal thereof and every order, requirement, decision or determination of the Board shall immediately be filed in the office of the Board and shall be a public record.
[Amended 7-12-1976 by L.L. No. 10-1976]
A. Referral to Board. When an application for a building
permit or sign permit involving the exterior appearance of any building
or structure or group of buildings or structures or the erection of
a sign, of any nature whatsoever, wherever located in the Village,
is made to the Superintendent of the Building Department, he shall,
within three days after such application has been duly filed, exclusive
of Saturdays, Sundays and holidays, refer said application to the
Architectural Review Board.
B. Development plan required. If any such building, structure
or sign for which such permit is sought is one of a group of three
or more buildings or signs proposed to be constructed, altered or
extended in the same vicinity, none of which buildings is to be situated
at a distance of more than 200 feet from some other building of the
group, whether or not such buildings are to be constructed on contiguous
plots and whether or not the permits for the other buildings of the
group are applied for by the same applicant, said application shall
be accompanied by a plan of building development for the entire group,
clearly setting forth the entire site layout and the designs of the
exterior appearance of all the proposed buildings of the group.
[Amended 7-12-1976 by L.L. No. 10-1976]
The Architectural Review Board shall disapprove any application for a building permit or sign permit referred to it if the Board finds by a majority vote of all the members present at any meeting at which said vote is taken that the building or sign for which the permit is sought or any building of a group of buildings or signs covered by the permit would, if erected, altered or extended, be so detrimental to the character, property values or development of the surrounding residential area or of the Village as a whole or to produce one or more of the harmful effects set forth in §
6-1 by reason of:
A. Excessive similarity of design. Excessive similarity of design in relation to any other structure or sign existing or for which a permit has been issued or to any other structure or sign included in the same permit application, on and within 250 feet of the proposed site and on a plot abutting on the same street, in respect to one or more of the following features of exterior design and appearance, provided that a finding of excessive similarity of design shall include not only that such a similarity exists but further that it is of such a nature as to produce one or more of the harmful effects set forth in §
6-1:
(1) Apparently identical facade.
(2) Substantially identical size and arrangement of either
doors, windows, porticos or other openings or breaks in the facade
facing the street, including reverse arrangements.
(3) Other significant identical features, such as, but
not limited to, construction material, roof line and height or other
design elements.
B. Excessive dissimilarity; inappropriateness. Excessive dissimilarity of design or inappropriateness of design or of site plan in relation to any other structure or sign existing or for which a permit has been issued or to any other structure included in the same permit application, on a plot abutting on the same street and within 250 feet of the proposed site, or inappropriateness or excessive dissimilarity of design in relation to the characteristics of building design generally prevailing in residence districts in the Village, in respect to one or more of the following features, provided that a finding of excessive dissimilarity or inappropriateness of design shall include not only that such dissimilarity or inappropriateness exists but further that it is of such a nature as to produce one or more of the harmful effects set forth in §
6-1:
(3) Height of building or height of roof.
(4) Other significant design features, such as, but not
limited to, construction material or quality of architectural design.
C. Quality of exterior design: such exterior design in
quality, materials, style and/or color as constitutes a detriment
to the character of the neighborhood.
[Amended 9-18-2006 by L.L. No. 11-2006]
D. In disapproving any application for a building permit
or sign permit, the Architectural Review Board may specify modifications
in the design of the building or buildings, sign or signs, or any
of them, or requirements as to yard dimensions, that will be adequate
to render same acceptable under the provisions of this chapter.
[Amended 7-12-1976 by L.L. No. 10-1976]
The Superintendent of the Building Department shall not issue any building permit for which the application has been disapproved by the Architectural Review Board as provided in §
6-5 unless the plans for such building or sign have been changed to embody any modifications in design that the Architectural Review Board may have specified as adequate to render such design acceptable.
[Added 9-18-2006 by L.L. No. 11-2006]
A. In all districts, the Board shall conduct architectural
and exterior design review for the following:
(1) The new construction of single-family dwellings or
two-family dwellings.
(2) Alterations, renovations, and/or refurbishments of
single-family dwellings or two-family dwellings.
(3) The new construction, alteration or renovation to
the exterior of any nonresidential building or structure or multifamily
building or structure.
(4) All signs or changes to existing signs.
B. Exterior design review shall be required for any change
involving greater than 20% of the exterior components in color, materials,
or illumination of a residential or nonresidential building or structure
or sign.
C. Landscaping, whether or not detailed or described
in the permit application documents. The Board may direct the submission
of a landscape design or a landscape architectural submission if such
design or submission is deemed appropriate by the Board when considering
the nature of the permit application.
D. In all cases where a variance or special use permit
is required, the applicant shall first obtain a variance from the
Board of Zoning Appeals or a special use permit from the Village Board
before beginning the Architectural Review Board procedure under this
chapter.
[Added 9-18-2006 by L.L. No. 11-2006]
The Board shall consider, to the extent appropriate,
the following general criteria for reaching its determination when
reviewing a building permit application proposal:
A. Enhancement of natural features of the site and surroundings,
including the location of plantings and screening devices.
B. Exterior lighting, to minimize the impact upon public
and adjacent properties.
C. Comparison with the exterior design and appearances
of existing structures.
D. Harmony with the character of the neighborhood in
terms of color, materials and appearance of structures.
E. Effect on maintenance of the property values of the
surrounding existing structures.
F. Size, quality, and arrangement of doors, windows,
porticos, porches, decks or garages or other openings, window shutters,
breaks or extensions in the facade.
G. Such other characteristics of the applicant's proposal
when compared to the surrounding neighborhood as deemed appropriate
for consideration by the Board.
[Added 9-18-2006 by L.L. No. 11-2006]
A. The Board may utilize the professional services of
a licensed architect or such other person with expertise in matters
of architectural and/or exterior design, which individual has been
approved by the Village Board of Trustees for such purpose, to provide
consultation on similarity or dissimilarity or design quality of a
building or structure as proposed in the permit application documents,
the arrangements of doors, windows, shutters, porches, support columns,
garages, porticos, including height, width and length, exterior colors,
materials and treatments, roof structures and landscaping.
B. Where such consultation is deemed necessary, the expense
thereof shall be borne by the applicant. Such expense shall be paid
in full by the applicant before a building permit may be issued.
[Added 9-18-2006 by L.L. No. 11-2006]
The Architectural Review Board is hereby authorized
to establish its rules and regulations for such submissions as are
deemed necessary for its determinations. Such rules and regulations
shall be in writing and shall be provided to the applicant at the
time that an application for a reviewable permit is filed with the
Building Department.
[Amended 7-12-1976 by L.L. No. 10-1976]
A. Minimum floor area. With the purpose of encouraging
the most appropriate use of land throughout the Village, the Architectural
Review Board may vary the minimum floor area requirements set forth
in the zoning regulations of the Village, in order to reduce said requirements by
not more than 10%, if by reason of greater lot frontages or areas
or side yard widths or less percentage of lot coverage by building
area than are specified by said zoning regulations or by reason of
the provision of public or common open space as a part of the development
or exceptionally skillful lot arrangement and site design, the result
of said variation wilt be in harmony with the character of the neighborhood.
B. Encroachments; location of accessory buildings. With
the purpose of achieving the most appropriate design and site planning
in furtherance of the purposes of this chapter, the Architectural
Review Board, In passing on any application before it, may modify
the requirements of said zoning regulations in order to permit minor
encroachments on required yards by railings, bays, chimneys or other
architectural details or in order to permit minor variations with
respect to the location of accessory buildings, provided that no accessory
buildings shall in any case be permitted to encroach on any front
or side yard.
[Amended 7-12-1976 by L.L. No. 10-1976; 9-17-2007 by L.L. No. 14-2007]
A. General purpose. The purpose of site plan review is
to promote the health, safety, morals and general welfare of the Village
of Lynbrook. Towards this end, site plan review shall include but
shall not be limited to vehicular and pedestrian traffic and circulation,
adequacy of utility, drainage and garbage facilities, preservation
of trees, appropriate screening through landscaping and positioning
and exterior characteristics of structures. This development and design
evaluation procedure will allow the Village to review the arrangement,
layout, use interrelationships and neighborhood impacts of sites intended
for development or redevelopment.
B. Definitions. As used in this section, the following
terms shall have the meanings indicated:
SITE PLAN
A rendering, drawing or sketch prepared to specifications
contained in this section. The site plan shall show the arrangement,
layout and design of all elements of the proposed use of a single
parcel of land.
SITE PLAN CONSULTANT
An architect licensed by the State of New York, a licensed
professional engineer, or a person with expertise in site development
and landscape design, to act as a site plan consultant, who has been
appointed by the Board of Trustees to advise and assist the Architectural
Review Board in its review of plans submitted in accordance with this
article.
C. Uses and actions subject to review.
(1) Uses and actions subject to site plan approval:
(a)
In all districts, the Board shall conduct site
plan review for the following:
[1]
The new construction or exterior renovation
of any nonresidential building or structure, or any multifamily building
or structure, when the building or structure has a footprint of 2,000
square feet or more or has an aggregate square footage of 4,000 feet
or more.
[2]
A change in any use of any nonresidential or
any multifamily building or structure that has a footprint of 2,000
square feet or more or that has an aggregate square footage of 4,000
square feet or more.
[3]
Any proposed nonresidential or multifamily use
of undeveloped open land or space, including open land created by
demolition of structures, where the structure will have a footprint
of 2,000 square feet or more or will have an aggregate square footage
of 4,000 square feet or more.
[4]
Amendment of a previously approved site plan.
(b)
Site plan review is not required for customary
and incidental repairs to a structure.
(c)
Where a proposed construction, alteration, or change of use, in the sole discretion of the Superintendent of the Department of Buildings, will have a minimal effect on site plan considerations as defined in Subsection
D, General standards, site plan review may be waived. In such a case, the Building Superintendent shall endorse a statement on the subject building permit or certificate of completion/occupancy certifying that site plan review is not required.
(2) Requirement for site plan approval.
(a)
No building, structure or outdoor use of land as described in Subsection
C(1) above shall be used, constructed, enlarged, altered or moved in any zoning district until a site plan meeting the requirements of this article has been approved.
(b)
No building permit, certificate of occupancy
or certificate of completion shall be issued by the Superintendent
of Buildings except upon authorization of, and in conformity with,
said site plan approval.
(3) In all cases where a variance or special use permit
is required, the applicant shall first obtain a variance from the
Board of Zoning Appeals or a special use permit from the Village Board
before the Architectural Review Board procedure under this chapter.
[Amended 6-21-2010 by L.L. No. 2-2010]
D. General standards for action on site plans.
(1) General standards as basis for action on site plans:
(a)
Relationship of proposed development to Village
comprehensive plan as reflected in the current zoning laws and to
the Village neighborhoods overall.
(b)
Relationship and compatibility of the proposed
development of the site to existing buildings in the adjoining area.
(c)
Landscaping and site treatment to create visual
and noise-deferring buffers, with particular attention to proposed
development that abuts residential or recreational property, so as
to protect the quiet enjoyment of such residential or recreational
property.
(d)
Ecological and environmental considerations,
including the adequacy of water supply, air purity, electrical power
and preservation of trees.
(e)
Adequacy and location of stormwater drainage
facilities, waste disposal facilities, and utility services.
(f)
Traffic impact on surrounding streets and on
the Village overall to ensure adequate visibility, volume, and safety.
(g)
Adequacy of on-site circulation, including but
not limited to the arrangement of vehicular traffic patterns, ingress
and egress, driveway connections to public streets, intersections,
road widths and traffic control.
(h)
On-site pedestrian circulation, including but
not limited to the separation of pedestrian traffic from vehicular
traffic and locations of walkways and intersections.
(i)
Protection of adjoining properties from noise,
odors, offensive fumes, or excessive deprivation of sunlight.
(j)
Location and arrangement of on-site lighting
to protect adjoining properties.
(k)
Adequacy of access for fire, emergency, and
sanitation vehicles to the site.
(l)
Location of all outdoor storage and refuse collection
facilities.
(m)
Appropriate location of main entrance of building,
drive-through and service windows, loading facilities, signs and similar
building features as to maintain harmony and compatibility with existing
buildings in the immediate area and the neighborhood as a whole.
(n)
Appropriate parking plan design which complements
the characteristics of the site.
(2) In approving any application, the Board may impose
appropriate site plan conditions and safeguards designed to prevent
harmful effects. These conditions and safeguards must be met prior
to the issuance of a building permit, unless the Building Department
Superintendent provides a written determination that the conditions
cannot be met until the construction is underway or complete. In such
event, the building permit shall include this determination and shall
state that a certificate of occupancy shall not be issued until the
conditions and safeguards as set by the Architectural Review Board
have been met.
(3) The Board may disapprove any site plan application,
provided that the Board has afforded the applicant an opportunity
to confer relative to suggestions for change of the plan.
E. Application procedure for site plan review.
(1) Presubmission. Prior to a formal submission, the applicant
should meet in person with a representative of the Building Department
to discuss the proposed site plan.
(2) Formal submission. A site plan shall be prepared by
a New York State registered or licensed professional architect, landscape
architect, land surveyor, engineer or professional planner or such
other site plan expert approved by the Board. The site plan shall
be submitted to the Building Department.
F. Fees.
(1) All submissions for site plan approval shall be accompanied
by a fee as established by the Board of Trustees to pay for the costs
of planning, design and engineering review.
(2) Such fees do not cover the cost of an environmental
assessment impact statement. The applicant shall be responsible for
the total cost of environmental reviews determined to be necessary
to meet the requirements of the State Environmental Quality Act.
(3) In the event a site plan review requires professional
site plan consultation in the judgment of the Board, such consultation
is authorized. A copy of any consultation report and opinion shall
be promptly provided to the applicant. The costs of such consultation
and opinion shall be borne by the applicant and payment therefor shall
be a condition of the issuance of a building permit or a certificate
of completion or occupancy.
G. Required submissions for site plan review.
(1) Required submissions. All applications for approval
of a site plan shall be submitted on a form provided or approved by
the Building Department and shall not be accepted by the Building
Department unless it is complete. All maps submitted must be at a
scale of not less than 30 feet to the inch.
(2) Completeness. No application shall be deemed complete
unless it meets the information requirements listed in this section
and unless it is accompanied by a completed Environmental Assessment
Form (EAF), or is shown to be exempt from environmental review, in
accordance with SEQRA regulations.
(3) The following information must be submitted with an
application for site plan approval, unless waived or modified, in
writing, by the Superintendent of the Department of Buildings:
(a)
Completed building permit application.
(c)
Two sets of complete plans with architect or
engineer's seal.
(d)
Eight sets of front, rear, right, and left side
elevations, two of which are sealed by the licensed professional.
(e)
Two sets of landscape plan, floor plans, front,
rear, right and left elevations reduced to 11 inches by 17 inches.
(f)
Eight plot plans by a licensed surveyor, engineer,
or architect, which will show the following:
[1]
Proposed setback from street line, proposed
side yards, proposed rear yard.
[2]
Proposed and existing elevations of the four
corners of the subject property and elevation of adjacent properties.
[3]
Proposed elevation of first floor; proposed
elevation of garage floor.
[4]
Proposed finished grade at four corners of the
building.
[5]
Location of driveways and curb cuts.
[6]
Location and size of all required day wells.
[7]
Location and size of all existing trees.
[8]
Location of light poles, fire hydrants, etc.
[9]
Computation of area covered by all structures
to be shown on the site plan.
[10]
Certified survey which has been prepared no
more than one year prior to submission.
(4) The aforesaid eight plot plans must show detailed
landscape plans indicating the location, type and size of all new
plantings, existing trees, and shrubs which will remain.
(5) The name and address of the applicant and licensed
professionals engaged to work on the project shall be shown. Where
the applicant or owner is a corporation, the Board may require the
names and addresses of all officers, directors and principal stock
holders of said corporation. In addition, the applicant must provide
a list of all witnesses that shall appear at the hearing to the secretary
of the Board no less than 10 business days prior to the scheduled
meeting date.
(6) Existing site conditions. The location of existing
buildings and, if applicable, existing vegetative cover, single trees
with diameter of eight inches or more measured three feet above the
base of the trunk and other significant existing features on the site.
(7) If this building plot is a split-off, whether the
subject of a formal or informal subdivision, from an existing plot
with a dwelling structure, submit eight copies of a survey of the
existing structure or dwelling and all other structures showing side
yards, front yard, rear yard and area of land covered.
(8) Pictures of all buildings on the same side of the
street with 100 feet on each side of the subject parcel and on the
opposite side of the street for the same distance, with the address
of each building on the photo of said building.
(9) Professionally prepared color rendering and eight
sets of eleven-inch-by-fourteen-inch color photographic reductions
of the rendering.
(10) Any other information that may be required by the
Superintendent of the Department of Buildings or the Board chairperson.
(11) Stormwater pollution prevention plan. A stormwater pollution prevention plan consistent with the requirements of Ch.
209, Art.
I, and Ch.
252, Art.
XVII, shall be required for site plan approval. The SWPPP shall meet the performance and design criteria and standards in Ch.
252, Art.
XVII. The approved site plan shall be consistent with the provisions of this Ch.
209 and Ch.
252, Art.
XVII.
[Added 12-20-2010 by L.L. No. 1-2011]
H. Hearing, referral and action.
(1) Superintendent certification and recommendation.
(a)
Every application for site plan review shall
be accompanied by a statement by the Building Department Superintendent
that the site plan application is complete and has been reviewed by
each appropriate department head. No application shall be deemed complete
until so certified by the Superintendent of Buildings.
(b)
The Superintendent shall provide the Board with a report commenting on the application and providing recommendations concerning each of the standards set forth in Subsection
D herein.
(2) Upon certification of completeness by the Building
Department Superintendent, a hearing date within 60 days of said certification
shall be set.
(3) The Board shall comply with the provisions of the
State Environmental Quality Review Act (SEQRA) under Article 8 of
the Environmental Conservation Law and 6 NYCRR 617 and no action will
be taken by the Board until such time as the SEQRA process is completed.
(4) At least 10 days prior to the hearing date, a referral
shall be made to the Nassau County Planning Commission pursuant to
General Municipal Law § 239-m. The Board shall take no action
until the determination of the Planning Commission is received.
(5) The Board hearing will comply with the provisions
of the Public Officers Law but shall not have the formalities of a
public hearing.
(6) The Board shall act by resolution to either approve
or disapprove the site plan or to approve with modifications. In the
event of approval with modifications, such modifications shall be
considered conditions of approval and shall be satisfied by the applicant
prior to the signing off on the site plan by the Board chairperson.
If the site plan is disapproved, the Board Resolution shall state
the specific reasons for such decision.
(7) Upon approval or approval with modifications which
have been met by the applicant, the chairperson shall sign off on
the site plan certifying its approval. The original of the resolution
and the signed site plan shall be filed within five days in the office
of the Village Clerk. A copy of the resolution and the signed site
plan shall be served upon the Building Department Superintendent.
I. Expiration of approval; requests for extension of
time.
(1) A site plan approval shall expire and be of no further
force or effect one year after the date of granting said approval
unless the resolution of the Architectural Review Board specifies
a time shorter than one year for the expiration of the approval.
(2) Extension of time of approval.
(a)
Notwithstanding the foregoing, the applicant
may apply to the Board for an extension of the one-year, or less than
one-year, expiration date; provided the application is filed with
the Board prior to the above described expiration date; and good cause
for the requested extension of time is shown. The Board may grant
an extension of time thereof, in its discretion, for an additional
period of time up to one year.
(b)
Application for extension. An application for the extension as described in Subsection
I(2)(a) above shall be made on a form provided by the Building Department Superintendent and shall be accompanied by a filing fee in such amount as set by the Board of Trustees.
[Amended 7-12-1976 by L.L. No. 10-1976]
Any person aggrieved by any action of the Architectural
Review Board or of the Superintendent of the Building Department hereunder
may appeal therefrom to the duly constituted Board of Appeals of the
Village, in the same manner as if provided for zoning appeals, and
the Board of Appeals, after proceeding in the same manner as provided
for zoning appeals and with the same power and authority vested in
said Board of Appeals when passing upon appeals before it under the
provisions of the Village Law, may reverse, modify or affirm the action
of the Architectural Review Board or of the Superintendent of the
Building Department.
[Amended 7-12-1976 by L.L. No. 10-1976]
This chapter shall supplement and modify the
provisions of the zoning regulations of the Village, and to the extent that such provisions conflict with or are contrary to the provisions of this chapter, the provisions imposing the higher or more restrictive standard shall prevail, except as permitted in §
6-9A.