[HISTORY: Adopted by the Board of Trustees
of the Village of Plandome Manor 1-11-2006 by L.L. No. 19-2005 as Ch. 22 of the 2005 Code. Amendments noted where applicable.]
The Board of Trustees hereby finds that excessive
uniformity or similarity, dissimilarity or inappropriateness or poor
quality of design of the exterior appearance of buildings or structures
in the Village, in relation to the prevailing appearance of residential
buildings in the vicinity thereof, would adversely affect the desirability
of the immediate area and neighboring areas for residential purposes;
discourage the most appropriate use of land throughout the Village;
impair the benefits of occupancy of existing property, impair the
stability and value of both improved and unimproved real property
and contribute to the diminution of the taxable value of real property
in such areas and their ability to support municipal services provided
therefor. It is the purpose of this chapter to prevent these and other
potentially harmful effects resulting from the unattractive exterior
appearance of buildings and other structures erected or altered, and
thus to promote the public health, safety and welfare, to conserve
the value of buildings, to encourage the most appropriate use of land
and to improve the physical and visual appearance of the Village.
[Amended 11-16-2010 by L.L. No. 5-2010]
A.
There is hereby created a Design Review Board which
shall consist of at least five members, and one alternate member,
who shall serve without compensation. Whenever possible, at least
one or more members of the Board shall be specially qualified by reason
of training or experience in art, architecture, landscape architecture,
community planning, land development, real estate or other relevant
business or profession to judge the effects of a proposed building
or structure or alteration thereof upon the desirability, property
value and development of surrounding areas. The Design Review Board
is also hereby authorized to retain, as needed, under arrangements
subject to the approval of the Board of Trustees, the services of
an architect, who need not be a resident of the Incorporated Village
of Plandome Manor and who shall be qualified by reason of training
and experience to assist the Design Review Board in carrying out the
provisions of this chapter.
B.
The members, and alternate members, of such Board
shall be appointed by the Mayor, with the approval of the Board of
Trustees, and the Chairman thereof shall be designated by the Mayor.
Of the members first appointed, one shall hold office for the term
of one year, two for the term of two years and two for the term of
three years, from and after their respective appointments. Their successors
shall be appointed for a term of three years, from and after the expiration
of the terms of their predecessors in office. If a vacancy shall occur
otherwise than by expiration of term, it shall be filled by the Mayor
for the unexpired term. The Board of Trustees shall have the power
to remove any member of the Design Review Board for cause and after
public hearing. The Mayor shall designate a Secretary of the Board,
who need not be a member of the Board and who shall serve at the pleasure
of the Mayor.
C.
The alternate
member shall substitute for a member in the event such member is absent
or otherwise unable to serve. The alternate member shall be appointed
for a term of one year.
A.
All meetings of the Design Review Board shall be held
at a regularly scheduled day of the month or at the call of the Chairman
and at such other times as such Board may determine, but a meeting
shall be held within 90 days of the date of any application or referral
to it. Such Board shall keep minutes of its proceedings showing the
vote of each member upon every question, or if any member is absent
or fails to vote, indicating such fact, and shall also keep records
of its examinations and other official actions.
[Amended 6-20-2006 by L.L. No. 4-2006]
B.
The Design Review Board shall have power, from time
to time, to adopt, amend and repeal rules and regulations. All such
rules and regulations shall be approved by the Village Board. Such
rules or regulations shall not be inconsistent with law or the provisions
of this chapter governing the procedure of the Design Review Board
and the transaction of its business for the purpose of carrying into
effect the standards outlined below. Every rule or regulation, every
amendment or repeal thereof, and every order, requirement, decision
of determination of the Design Review Board shall immediately be filed
in the office of the Clerk of the Incorporated Village of Plandome
Manor and shall be a public record.
[Amended 4-20-2010 by L.L. No. 2-2010]
A majority of the appointed members of the Board,
but not fewer than three members, shall constitute a quorum for the
transaction of business as provided by § 41 of the General
Construction Law.
A.
Powers of the Board. The Design Review Board shall
have the power to disapprove, approve or approve with conditions.
However, in all cases where referral to the Design Review Board is
made by other approving agencies of the Incorporated Village of Plandome
Manor, the Design Review Board shall only recommend disapproval, approval
or approval with conditions.
[Amended 6-20-2006 by L.L. No. 4-2006]
B.
Matters requiring approval. Design Review Board approval
shall be required to:
[Amended 6-20-2006 by L.L. No. 4-2006]
C.
Application. For any matter referred to the Design
Review Board by the Building Inspector for review, the applicant shall
submit preliminary architectural and site plans showing elevations
of all sides of proposed structures to include existing and proposed
grade lines, location and dimensions of proposed structures or alteration
thereto as well as exterior elevations and materials to be used. The
Design Review Board may request that additional or alternate plans
or information be submitted as appropriate. In all cases where the
application is for a new building or where an alteration affects or
increases an existing structure by 35% of the existing gross floor
area, or where such alteration is deemed to be a significant alteration
to the land upon which the building is located, a site plan and a
landscaping plan shall be provided. For matters referred to it by
other approving agencies, the Design Review Board shall act upon the
application in the form as referred to it.
[Amended 6-20-2006 by L.L. No. 4-2006]
D.
Procedure. The Design Review Board shall have 62 days
in which to act upon a matter before it. Such time limit shall be
measured from the date of the formal closing of the hearing by vote
of the Board. Such time limit may be extended by mutual agreement
with the applicant.
[Amended 6-20-2006 by L.L. No. 4-2006]
E.
Notice to adjacent owners. Except as set forth in Subsection G below, notice for any meeting at which an application is to be reviewed by the Design Review Board shall be provided to all owners of property within 200 feet of the property affected by such an application. The applicant shall send such notice by certified mail not less than 10 days nor more than 20 days prior to the meeting. The notice shall identify the property which is the subject of the application, the nature of the proposed construction, and the date, hour and place fixed by the Board for the meeting. The applicant shall provide the Village Clerk with an affidavit of the mailing of such notices specifically stating that notices were sent to all owners of property within 200 feet of the property affected by the application, and the applicant shall simultaneously provide the Clerk the original certified mail certificate bearing the official post mark affixed thereon by the post office for each certified letter sent by the applicant in accordance with this section at least two days prior to the meeting. A copy of such notice shall also be mailed to the Mayor and the Board of Trustees of the Incorporated Village of Plandome Manor.
[Amended 1-16-2024 by L.L. No. 2-2024]
F.
Advisory reports. In the case where referrals have
been made by approving agencies other than the Building Inspector,
the Design Review Board shall issue advisory reports recommending
approval, conditional approval subject to specific modification, or
disapproval.[1]
G.
Applications
for minor modifications to existing structures such as door or window
replacement or replacement of fences, pillars, siding and similar
work shall be subject to review of the Design Review Board but shall
not require notice to adjacent owners. Upon the determination of the
Building Superintendent, the applicant shall submit a short-form application
for approval.
[Added 1-16-2024 by L.L. No. 2-2024]
(1)
Should
the Design Review Board determine that the application has a significant
impact on the surrounding community, it may, on its own motion, call
for a public hearing.
In examining plans or proposals, the Design Review Board shall disapprove or recommend disapproval as set forth in § 20-5A of any installation or construction which would cause or contribute to one or more of the harmful effects set forth in § 20-1 of this chapter by reason of:
A.
Excessive similarity of design in relation to any
other structure existing in the vicinity or for which a permit has
been issued or to any other structure included in the same permit
application, in respect to one or more of the following features of
exterior design and appearance:
(1)
Apparently identical facade.
(2)
Substantially identical size and arrangement of either
doors, windows, porticos or other openings or breaks in the facade,
including reverse arrangement.
(3)
Other significant identical features such as, but not limited to, construction material, roofline and height or other design elements, provided that a finding of excessive similarity of design shall include not only that such similarity exists, but further that it is of such nature as to produce one or more of the harmful effects set forth in § 20-1 of this chapter.
B.
Excessive dissimilarity of design or inappropriateness of design or of site plan in relation to any other structure existing in the vicinity or for which a permit has been issued or to any other structure included in the same permit application, or inappropriateness or excessive dissimilarity of design in relation to the characteristics of residential building design generally prevailing in the Village in respect to features of exterior design or appearance, 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 nature as to produce one or more of the harmful effects set forth in § 20-1.
C.
The poor quality of building and overall site design
in respect to one or more of the following features: the relationship
to and character of the adjacent neighborhood; consideration of architectural
style, bulk, dimensions, materials and location on the site and in
relation to development on adjoining properties and the natural terrain
and vegetation.
The Board shall restrict its consideration to
a reasonable and professional review of the proposal and plans, leaving
full responsibility for the design and development to the applicant.
The Board shall not design or assist in the design of any buildings
or structures submitted for approval. However, in disapproving any
application for a building permit, the Design Review Board may suggest
modifications in the design of the building or alteration or any other
requirements which may or may not be adequate to render the same acceptable
under the provisions of this chapter.
The Building Inspector shall not issue any building
permit for which the application has been disapproved by the Design
Review Board as provided above. The Design Review Board shall render
its determination on any application which shall properly come before
it on or before the 62nd day following the date of the closing of
the hearing. The Building Inspector shall issue the permit applied
for, once approved by the Design Review Board, provided the application
conforms to the provisions of all other applicable laws.
Within one year of the date of approval by the
Design Review Board of any such building plans and building designs,
the Building Inspector shall, on application conforming to the provisions
of all other applicable laws, issue permits for buildings conforming
to such approved building plans and building designs, including any
conditions attached to such approval, without referring the application
therefor to the Design Review Board. Furthermore, this approval will
become void six months after permit issuance if construction relating
to this application has not begun. The applicant may apply to the
Building Inspector for an extension.
[Amended 6-20-2006 by L.L. No. 4-2006]
Any person aggrieved by any action of the Design
Review Board may appeal to the Board of Trustees of the Village. The
Board of Trustees may reverse, modify or affirm the action of the
Design Review Board. Said appeal shall be filed with the Village Clerk
within 45 days of the applicant's receipt of either a Design Review
Board decision or transcript of the hearing containing the decision.
Said appeal shall be heard by the Board of Trustees within 90 days
of receipt of the appeal by the Village Clerk. The standard for any
such appeal shall not be de novo. Rather, the standard shall be the
reasonableness and/or arbitrariness and capriciousness of the Design
Review Board's decision.
