[Amended 8-20-2003 by L.L. No. 2-2003]
A. There is hereby delegated to the Superintendent of Buildings of the
Village the authority and responsibility to carry out the spirit and
purpose of the architectural review portion of this chapter pursuant
to the provisions hereof. There is hereby delegated to the Planning
Board of the Village the authority and responsibility to carry out
the spirit and purpose of the preliminary site review portion of this
chapter pursuant to the provisions hereof.
B. The Superintendent of Buildings shall act as advisor to the Village
Planning Board with respect to its activities pursuant to this chapter.
C. With respect to architectural review, the Superintendent of Buildings shall review all applications affected by this chapter and shall, when deemed appropriate based upon the review standards set forth herein, refer applications to the Planning Board of the Village for examination, hearing, deliberation and action thereon relative to the jurisdictional areas set forth in §
198-3A.
[Amended 8-20-2003 by L.L. No. 2-2003]
A. The Planning Board, upon referral of an application by the Superintendent
of Buildings, shall conduct an architectural review of and decide
upon all of the following:
(1) All applications for the construction of any new building or structure.
(2) All applications for alterations or additions to any building or
structure, except that, with respect to a one-family residence or
a two-family residence in a residential zoning district, additions,
alterations or reconstruction which shall not alter the front building
lines and rooflines or increase the gross floor area of a building
by more than 40% thereof shall be exempt from the provisions of this
chapter. In addition, all porticos, porches and vestibules are exempt
from the provisions of this chapter.
[Amended 10-11-2017 by L.L. No.
2-2017]
B. There is also delegated to the Planning Board the authority to conduct
a review of and to issue an approval or denial for preliminary site
plan approval. The Board of Trustees shall have jurisdiction over
final site plan approval.
[Amended 8-20-2003 by L.L. No. 2-2003]
A. Review of plans.
(1) A preliminary conference may be held between the Planning Board and
the applicant prior to the preparation and submission of a formal
plan. The intended purpose of such a conference is to enable the applicant
to inform the Planning Board of a proposal prior to the preparation
of a detailed submission and provide the Planning Board with an opportunity
to review the basic design concept, to advise the applicant as to
potential problems and concerns and to generally determine the information
to be required on the formal submission.
(2) The Planning Board may waive any of the requirements of this section,
including a hearing, where, due to character, size, location or special
circumstances, either the preliminary conference or any particular
information is not required in order for the Planning Board to properly
perform its review.
(3) No building permit for any building or structure subject to this
chapter, pursuant to a referral by the Superintendent of Buildings,
shall be issued unless it shall first have been approved by a vote
of at least a majority of the members of the Planning Board.
(4) Final approved maps or plans, materials and specifications may not
be materially altered in any way without the express prior approval
of the Planning Board. Any requested changes of the approved plans
or maps must be submitted for review at least seven days prior to
the next regularly scheduled meeting of the Planning Board, and no
construction work involving such changes shall be commenced or continued
until approval of the Planning Board is granted. The Superintendent
of Buildings shall, in cases of violation of this procedure, order
all work to be halted and, if necessary, revoke the building permit
until such time that amended plans or maps are approved by the Planning
Board. This section may also be enforced by the Board of Trustees
by means of injunction. If the Village proceeds by injunction and
is successful, reasonable attorneys' fees, engineering fees and
other expert witness fees shall be paid by the defendant.
B. Standards for review.
(1) In considering an application, the Planning Board shall take into
account natural features of the site and surroundings, exterior design
and appearances of existing structures and the character of the neighborhood
and the peculiar suitability of the application for particular purposes,
with a view to preserving the values of property and encouraging the
most appropriate use of land.
(2) The Planning Board may approve any application to it upon finding
that the building or structure for which the permit was requested,
if constructed, erected, reconstructed or altered in accordance with
the submitted plan, would be in harmony with the purpose of this chapter,
would not be visually offensive or inappropriate by reason of poor
quality of exterior design, monotonous similarity or striking visual
discord in relation to the sites or surroundings, would not mar the
appearance of the area, would not impair the use, enjoyment and desirability
and reduce the value of properties in the area, would not be detrimental
to the character of the neighborhood, would not prevent the most appropriate
utilization of the site or of adjacent land and would not adversely
affect the functioning, economic stability, prosperity, health, safety
and general welfare of the entire community.
(3) In approving any application, the Planning Board may impose appropriate
conditions and safeguards designed to prevent the harmful effects
set forth above.
(4) The Planning Board may disapprove any application for a permit, provided
that the Planning Board has afforded the applicant an opportunity
to confer upon suggestions for change of the plan or map and provided
that the Planning Board finds and states that the structure or building
for which the permit was requested would, if erected, constructed
or altered as indicated, provide one or more of the harmful effects
set forth above by reason of:
(a)
Monotonous similarity to any other structures or buildings located
or proposed to be located in the vicinity in respect to one or more
of the following features of exterior design and appearance:
[1]
Substantially identical facade, disregarding color.
[2]
Substantially identical size and arrangement of either doors,
windows, porticos, porches or garages or other openings or breaks
or extensions in the facade, including reverse arrangements.
[3]
Other substantially identical features, such as, but not limited
to, setbacks from street lines, heights, widths and lengths of elements
of building design and exterior materials and treatments.
(b)
Striking dissimilarity, visual discord or inappropriateness
with respect to other structures or buildings located or proposed
to be located in the vicinity in respect to one or more of the following
features of exterior design and appearance:
[1]
Facade, disregarding color.
[2]
Size and arrangement of doors, windows, porticos, porches or
garages or other openings, breaks or extensions in the facade.
[3]
Other significant design features, such as, but not limited
to, heights, widths, and lengths of elements of design, exterior materials
and treatments, roof structures, exposed mechanical equipment, service
and storage areas, retaining walls, landscaping, signs, light posts,
parking areas, fences and service areas.
(c)
Visual offensiveness or other poor qualities of exterior design,
including but not limited to excessive divergences of the height or
levels of any part of the structure or building from the grade or
terrains, harmony or discord of color or incompatibility of the proposed
structure, building, refurbishing, reconstruction, alteration or addition
with the terrain on which it is to be located and the failure of the
exterior design to complement and enhance the natural beauty of its
site in regard to landscape, topography, surrounding structures and
the scenic character of roadways when visible from said roadways.
C. Action on application. Within 90 days of the date of determination
of a completed application by the Planning Board, the Planning Board
shall approve, approve with modifications or disapprove the application.
The time period in which the Planning Board must render its decision
and recommendation may be extended by the Planning Board for good
cause. The failure of the Planning Board or any other reviewing agency
to make a determination within any formal time period shall be deemed
a disapproval or recommendation of disapproval of the application.
D. Appeals. Any applicant aggrieved by a decision of the Superintendent
of Buildings or of the Planning Board with reference to any decision
under or pursuant to this chapter shall be entitled to appeal the
decision to the Village Board of Trustees.
The Planning Board and/or Village Board of Trustees and/or Zoning
Board of Appeals may conduct a public hearing on the site plan if
a majority of the members of any such board deem that such a hearing
is in the public interest. The applicant shall provide evidence at
the hearing that all record landowners within a three-hundred-foot
radius of the proposed project, as said record owners appear on the
most current tax rolls of the Nassau County Assessor's Office,
were notified by mail not less than 10 days nor more than 30 days
before the public hearing. No hearing before any other board shall
diminish the authority of the Board of Trustees to conduct a public
hearing.
No building permit shall be issued pursuant to the provisions
of this chapter until all expenses incurred by the Planning Board
and Board of Trustees for consultation fees (including, but not limited
to, engineering, architectural and legal expenses) or other extraordinary
expenses in connection with the review of a site plan are reimbursed
to the Village by the applicant. At the time of application, the applicant
shall deposit with the Village Clerk such amount to cover consultation
fees and extraordinary expenses as shall be established, from time
to time, by resolution of the Board of Trustees. In instances where
such expenses are minimal, the requirement for reimbursement of expenses
may be waived by resolution of the Board of Trustees.
In connection with its site plan review, the Board of Trustees
may require a performance bond in an amount it shall determine to
insure that, upon completion of the project, all the public improvements
shown on the site plan are completed and, furthermore, to ensure that,
in the event that the project is abandoned, the project is either
completed or the site is restored to the condition which existed prior
to the commencement of the project. The project shall be deemed abandoned
if no substantial construction is performed on the site for a period
of one year or the site plan approval has expired. The Board of Trustees
may also require documentary demonstration to its satisfaction of
the financial responsibility of the applicant to complete the project.
Site plan approval shall automatically terminate one year after
the same is granted by the Village Board of Trustees unless a building
permit has been issued and there is physical evidence to demonstrate
that substantial construction has taken place and is continuing. Upon
application to the Village Board of Trustees, the site plan approval
may be extended for additional one-year periods, upon a showing that
the conditions existing at the time of the approval have not changed
and that substantial steps to commence the project have been lawfully
undertaken.
This chapter shall supersede the provisions of § 4-412
and Article 7 of the Village Law of the State of New York, as amended,
to the extent that such provisions conflict with or are contrary to
the provisions of this chapter.
The applicant shall be required to pay the fees and deposits
as same shall be set by resolution of the Board of Trustees from time
to time. The payment of any fee or deposit in connection with an application
shall be a condition precedent to the acceptance of any application.
[Added 12-19-2007 by L.L. No. 10-2007]
A. A stormwater pollution prevention plan (SWPPP) consistent with the requirements of Chapter
454 of this Code shall be required for preliminary subdivision plat approval. The SWPPP shall meet the performance and design criteria and standards in §
454-8 of this Code. The approved preliminary subdivision plat shall be consistent with the provisions of this Code.
B. A stormwater pollution prevention plan (SWPPP) consistent with the requirements of Chapter
454 of this Code and with the terms of preliminary plan approval shall be required for final subdivision plat approval. The SWPPP shall meet the performance and design criteria and standards in §
454-8 of this Code. The approved final subdivision plat shall be consistent with the provisions of this Code.