[HISTORY: Adopted by the Board of Trustees of the Village
of Nissequogue 10-7-1964 by L.L. No. 1-1964. Amendments noted where
applicable.]
The Board of Trustees finds that excessive uniformity, excessive
dissimilarity or inappropriateness in exterior design or size of buildings
and the improper location of buildings, in relation to topography
and to neighboring buildings, will adversely affect the desirability
of immediate and surrounding areas and thereby lessen the benefits
of occupancy of improved real property; impair the value of both improved
and unimproved real property; produce degeneration of such property,
with attendant deterioration of conditions affecting the health, safety
and welfare of the inhabitants of the Village; destroy the proper
relationship between the taxable value of real property and the cost
of municipal services provided therefor; and as a result prevent the
most appropriate development of the Village as a whole. It is the
purpose of this chapter to prevent these and related harmful effects
and thus promote and protect the health, safety and welfare of the
community, conserve property values and provide proper direction of
future building development, all in furtherance of the well-considered
plan to preserve the rural character of the Village and the natural
beauty of its environs.
A Board of Architectural Review consisting of three or five
members is hereby authorized to be appointed by the Board of Trustees.
A.
Such members shall be Village residents deemed qualified by reason of training, experience or civic interest and by reason of sound judgment to determine the effects on the community of any proposed building or structure or group thereof, in the light of the purposes set forth in § 5-1 of this chapter.
B.
Such
members shall be appointed and shall serve or be removed in the same
manner as members of the Village Planning Board, and if three members
only shall be appointed, they shall serve similarly staggered terms
of three years.
The Board of Architectural Review may officially designate and
retain one or more registered architects to advise and take part in
all deliberations concerning the issuance of any building permit and,
subject to the approval of the Board of Trustees, may fix and provide
for all necessary costs or expenses involved in reviewing each application,
including compensation for needed advisory services. Any architect
so retained shall be without benefit of vote in regard to any application
unless he is also a member of such Board.
A Building Inspector or his official representative shall serve
as Secretary of the Board of Architectural Review without benefit
of vote.
All the powers granted hereunder and all the functions and duties
to be performed pursuant to the provisions of this chapter shall be
vested in and carried out by the Board of Trustees until such time
as the Board of Architectural Review has been duly appointed and constituted.
Each application for a building permit shall be submitted to
a Village Building Inspector or his official representative on the
prescribed form, together with the appropriate fee.
A.
In
addition to the information required to be submitted therewith under
any other ordinance or local law, such application shall be accompanied
by the following:
(1)
A floor plan to scale of each floor or level showing outside measurements
and a printed legend of overall floor area therein enclosed.
(2)
Elevation drawings to scale of all exterior upright surfaces with
all dimensions thereof and showing the pitch and overhang of the roof
and the location of windows, doors, shutters and chimneys.
(3)
A statement of types and colors of all exterior materials to be used.
(4)
A description of the types, number and location of all planting,
landscaping or fencing to be used.
(5)
Any additional information the applicant may wish to include.
B.
The
Board may waive, in its discretion, the submission of any of the foregoing
requirements in the case of an application for a building permit covering
alterations or additions to existing structures.
C.
All
such plans and drawings must bear the signature and seal of an architect
or professional engineer licensed by or qualified to practice in the
State of New York.
After determining that the application and supporting plans
are in proper form, a Building Inspector or his official representative
shall, within five days of such determination, refer the application
to the Board of Architectural Review for its consideration; request,
if necessary, the Village Engineer's opinion as to drainage requirements;
and forward the permit fee to the Village Treasurer for deposit in
the Village treasury.
[Amended 10-17-2000 by L.L. No. 1-2000]
A.
Within
40 days after the Building Inspector, or his official representative,
has referred an application to the Board of Architectural Review,
and within 40 days after an applicant has resubmitted plans and/or
drawings to the Board of Architectural Review subsequent to a prior
disapproval by the Board, the Board shall make a determination of
the application before it and shall advise the applicant of its determination,
in writing, by registered mail sent to the address furnished by the
applicant. The applicant shall be advised of the date, time and place
of any meeting of the Board at which such application is to be considered
or reconsidered, and the applicant shall have the right to attend
that meeting.
B.
The Board of Architectural Review shall disapprove any application for a building permit referred to it if, after applying the standards contained in § 5-11 of this chapter, the Board finds, by a majority vote of its members, that the building for which the permit is sought would have, if built, any of the adverse or related harmful effects set forth in § 5-1 of this chapter.
C.
If
disapproving any application for a building permit, the Board may,
in its written notice of such disapproval to the applicant, include
suggested modifications or changes in the design of the building,
the materials and colors used, its location on the premises, or the
landscaping proposed, that would render the application in compliance
with the provisions of this chapter.
D.
After
disapproving any application for a building permit, the Board may
require an applicant to resubmit to it all plans, drawings or other
data modified to establish the applicant's adoption of the Board's
recommendations, or, in its discretion, the Board may direct the applicant
to resubmit such modified plans, drawings or other data to the Building
Inspector, who shall, after ascertaining that the applicant has complied
with the Board's recommendations, issue a building permit.
E.
All
plans, drawings and specifications are required to be approved by
the Board and stamped accordingly.
[Amended 10-17-2000 by L.L. No. 1-2000]
A.
A Building Inspector, or his official representative, shall not issue a building permit for any application disapproved by the Board of Architectural Review and not subsequently approved upon resubmission, as set forth in § 5-8D, above.
B.
If
the Board of Architectural Review approves an application, either
upon its initial submission to it or upon any resubmission, a Building
Inspector, or his official representative, shall issue forthwith the
building permit for which application was made.
C.
In
the event that the Board of Architectural Review has failed to determine
any application and mail a copy of its determination, in writing,
by registered mail, to the applicant at the address furnished by the
applicant within 40 days after either the Building Inspector or his
official representative has referred an application to the Board,
or an applicant has resubmitted to the Board plans, drawings and other
data modified to conform to the suggestions made by the Board upon
its prior disapproval, then, in that event, the Building Inspector
or his official representative shall forthwith issue the building
permit for which application was made, if the application conforms
to the provisions of all other applicable local laws and ordinances.
If any applicant for a building permit is aggrieved by the determinations of the Board of Architectural Review under § 5-8 of this chapter, he may file a written request with a Building Inspector or his official representative within 30 days of the receipt of said Board's findings, asking that a hearing before the Board of Trustees be held on his application.
A.
The Board of Trustees shall schedule such a hearing to be held within
30 days of the receipt of the request therefor, and at least 10 days'
written notice of the time and place of such hearing shall be forwarded
by regular mail to the applicant at the address stated in his written
request with like notice to neighboring property owners who shall
be deemed to be interested parties.
B.
At the ensuing hearing, the Board of Trustees shall reconsider all
the facts, plans and documentation previously submitted, together
with any new matter presented at the hearing by the applicant, and
all interested parties shall have an opportunity to be heard.
C.
The Board of Trustees may thereupon either confirm the determination
of the Board of Architectural Review or alter and amend it if it feels
that sufficient grounds therefor have been established.
D.
If approval of the Board of Trustees is not granted, a building permit
shall not be issued.
E.
Any final determination hereunder shall be in writing and a copy
thereof furnished to the applicant within 15 days of such hearing.
A.
The Board of Architectural Review shall be charged with the duty of maintaining the character of the Village and its harmonious composition as a whole in relation to the features of its several parts, and in so doing, it shall disapprove an application for a building permit in accordance with the provisions of § 5-8 of this chapter, if the design, construction or location of the proposed building or structure is so uniform, markedly similar or incongruous with neighboring buildings or is so incompatible with the topographical features of its environs that such construction, if built, would create one or more of the harmful conditions set forth in § 5-1 of this chapter.
B.
In passing on an application for a building permit, the Board of Architectural Review shall give consideration to the suitability of design and type of the proposed construction, including mass, height, line, color and the texture of materials to be used, in relation to the surroundings and immediate neighborhood of the building site, the physical placement on the building site in relation to topographical features of the land, including the extent of natural screening, and the effect of its location upon neighboring buildings in relation to their established vistas, as such relationships pertain to the findings and purposes set forth in § 5-1 of this chapter.
C.
The Board of Architectural Review shall be guided in its determinations
by the rural nature of the community, the historical features of certain
areas, the topographical and vegetational characteristics of the land,
the unique geographic location of the Village with respect to Long
Island Sound, Stony Brook Harbor and the Nissequogue River, the existing
character of various neighborhoods and the extensive natural beauty
of the environs.
This chapter shall supplement the provisions of Chapter 128, Zoning, of the Code of the Village of Nissequogue to the extent that the provisions of such chapter do not conflict with or are contrary to provisions of this chapter, in which event the provisions of the latter shall prevail, and the enforcement hereof and the penalties which shall be imposed for violations hereunder shall be the same as are provided for in said Chapter 128, Zoning, as the same may be amended from time to time.
