A.
It is the purpose of this article to preserve and promote the character
and appearance and conserve the property values of the Village; to
encourage good qualities of exterior building design and good appearances
and to relate such design and appearances to the site and surrounding
structures; to permit originality and resourcefulness in building
design and appearances which are appropriate to the sites and surroundings;
to prevent such design and appearances as are unnecessarily offensive
to visual sensibilities; to discourage and prohibit structures which
are visually offensive or inappropriate by reason of poor qualities
of exterior design, monotonous similarity or striking visual discord
in relation to their sites or surroundings, mar the appearances of
the surrounding area, impair the use, enjoyment and desirability and
reduce the values of properties, are detrimental to the character
of neighborhoods, prevent the most appropriate development and utilization
of land, and therefore adversely affect the functioning, economic
stability, prosperity, health, safety and general welfare of the entire
community.
B.
It is also the purpose of this article to promote the health, safety
and general welfare of the Village through the process of site plan
review, reviewing the arrangement, layout, use, relationships and
impacts of sites intended for development or redevelopment.
There is hereby created a Board of Architectural and Site Plan
Review, which shall consist of the Board of Trustees. All members
of the Board shall be residents of the Village.
A.
Meeting of the Board of Architectural and Site Plan Review shall
be held at the call of the Chairman and at such other times as the
Board shall determine. The Board may hold a public hearing when it
deems the same to be in the public interest. A majority 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
upon each question or, if absent or failing to vote, indicating such
fact, and shall also keep copies 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 other
provisions of this chapter, governing its procedure and the transaction
of its business, and for the purpose of carrying into effect the standards
outlined herein. Such action shall be taken after public hearing and
shall be subject to the approval of the Board of Trustees.
B.
To avoid delays in the final review and approval process, applicants
may first apply for a preliminary conference. A preliminary conference
may be held with the Board of Architectural and Site Plan Review and
the applicant prior to the preparation and submission of a final design
submission. The purpose of such a conference is to enable the applicant
to inform the Board of Architectural and Site Plan Review of his/her
proposal prior to the preparation of a detailed design submission
and to provide the Board of Architectural and Site Plan Review 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 in the final submission to the Board of
Architectural and Site Plan Review for approval. Preliminary conferences
with the Board of Architectural and Site Plan Review are available
to all applicants, provided applicants comply with the procedures
indicated above.
A.
No building permit shall be issued without site plan and architectural
review approval for:
(1)
Any new building or structure;
(2)
Any exterior alteration to a commercial property, including
any alterations made from the exterior facade of the commercial building
to the property line;
(3)
Any alteration to the exterior of a residential building or
structure; or
(4)
Any new or altered land use activities.
B.
Application; contents. An application for site plan or architectural
review approval shall be made, in writing, to the Superintendent of
Buildings. The Board of Architectural and Site Plan Review shall review
all site plan and architectural review applications. Site plans shall
be prepared by a licensed design professional or licensed surveyor.
The applicant for architectural and site plan approval shall submit
the following information and provide the number of copies specified
by the Superintendent of Buildings:
(1)
Original photographs of the site and adjacent areas and structures
sufficient to provide adequate representation thereof.
(2)
Samples of exterior building materials and finishes and color
palette for painted surfaces.
(3)
Detailed drawings of decorative elements.
(4)
The location, size, design and type of construction of all proposed
signs.
(5)
Sectional drawings to explain the character of the design.
(6)
Complete and accurate exterior elevations of all facades, drawn
at a scale adequate to show clearly the appearance of all proposed
buildings and structures.
(7)
A scale model detailed to the degree deemed necessary by the
Board.
(8)
An area map showing the applicant's entire holding, that portion
of the applicant's property under consideration and all properties,
subdivisions, streets, easements, deed restrictions and areas dedicated
to public use within 200 feet of the applicant's property, upon the
discretion of the Superintendent of Buildings.[1]
(9)
A map of site topography at two-foot contour intervals.
(10)
The title of the drawing, including the name and address of
the applicant, the owner and the person responsible for preparation
of such drawings.
(11)
A North arrow, scale and date.
(12)
Boundaries of the property plotted to scale.
(13)
Existing buildings and structures.
(14)
Existing grading and drainage plan showing existing contours,
soil characteristics and watercourses and a proposed grading and drainage
plan showing all drainage on site and all proposed contours, soil
characteristics and watercourses.
(15)
The location, design, type of construction, proposed use and
exterior dimensions of all buildings.
(16)
The location, design and type of construction of all parking
spaces and loading areas, showing ingress and egress, curb cuts, the
size of such spaces and areas, the width of circulation aisles and
distances from property lines.
(17)
The location, design and type of construction of all pedestrian
access.
(18)
An exterior lighting plan adequate to determine its character,
the location and design of outdoor lighting facilities and means of
illumination, and to enable review of possible hazards and disturbances
to the public and adjacent properties.
(19)
The location and design of all existing and proposed site improvements,
including drains, culverts, walls, fences, hedges and screen plantings
and all existing trees on the subject property which have a diameter
of eight inches or greater, measured 18 inches above the ground.
(20)
A description of the method of public water supply and sewage
disposal and the location of such facilities.
(21)
The location of fire and other emergency zones, including the
location of fire hydrants.
(22)
The location and design of all utilities, including electrical,
gas and solar energy, telephone and cable television.
(23)
The location and proposed development of all buffer areas, including
existing vegetative cover.
(24)
Identification of the location and amount of building area proposed
for each intended use, including storage and common areas, and the
location of outdoor storage, if any.
(25)
A general landscaping plan and planting schedule.
(26)
An estimated project construction schedule.
(27)
Identification of state, county, town or other agency approval
or permits required for the execution of the project along with copies
of all applications for such approval or permits.
(28)
Part 1 of an environmental assessment form (EAF) in accordance
with the State Environmental Quality Review Act and regulations (SEQRA).
(29)
Any other item deemed to be necessary by the Superintendent
of Buildings or the Board of Architectural and Site Plan Review, including
but not limited to traffic studies.
C.
The Superintendent of Buildings or Board of Architectural and Site
Plan Review may waive any of the required submissions in this section
if it determines that one or more are not necessary for a particular
proposal.
D.
If the Superintendent of Buildings determines that any variances
or special use permits are required, the application may be rejected
pending the application for, and approval of, the required permits
or variances.
A.
Approval of an application shall be by a vote of at least a majority
of the members of the Board of Architectural and Site Plan Review.
B.
In considering an application for a permit, the Board of Architectural
and Site Plan Review shall take into account natural features of the
site and surroundings, exterior design and appearances of existing
structures, and the character of the district and its peculiar suitability
for particular purposes, with a view to conserving the values of property
and encouraging the most appropriate use of land.
C.
The Board of Architectural and Site Plan Review may approve any application
referred to it upon finding that the building or structure for which
the permit was requested, if erected or altered in accordance with
this article, 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 values of the properties
in the area, would not be detrimental to the character of the neighborhood,
would not prevent the most appropriate development and utilization
of the site or of adjacent lands and would not adversely affect the
functioning, economic stability, prosperity, health, safety and general
welfare of the entire community.
D.
In approving any application, the Board of Architectural and Site
Plan Review may impose appropriate conditions and safeguards designed
to prevent the harmful effects as set forth in this article.
E.
The Board of Architectural and Site Plan Review may disapprove any
application, provided that the Board has afforded the applicant an
opportunity to confer upon suggestions for change of the plan, and
provided that the Board finds and states that the structure for which
the permit was requested would, if erected as indicated, provoke one
or more of the harmful effects set forth herein by reason of:
(1)
Monotonous similarity to any other structure or structures located
or proposed to be located on the same street or corner thereof and
within 150 feet of the site of the structure for which a building
permit is requested, in respect to one or more of the following features
of exterior design and appearance:
(a)
Substantially identical facade;
(b)
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; or
(c)
Other substantially identical features, such as, but not limited
to, setbacks from street lines, heights, widths and lengths of element
of the building design, and exterior material and treatments.
(2)
Striking dissimilarity, visual discord or inappropriateness
with respect to other structures located or proposed to be located
on the same street or a corner thereof and within 150 feet of the
site of the structure for which a building permit is requested, in
respect to one or more of the following features of exterior design
and appearance:
(a)
Facade;
(b)
Size and arrangement of doors, windows, porticos, porches or
garages or other openings, breaks or extensions in the facade; or
(c)
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 and fences, service and loading areas.
(3)
Visual offensiveness or other poor qualities of exterior design,
including, with respect to signs, considerations of the harmony or
discord of colors, or incompatibility of the proposed structure with
the terrain on which it is to be located, including, but not limited
to, excessive divergences of the height or levels of any part of the
structure from the grade of the terrain.
(4)
Adequacy of overall plan in minimizing harmful effects upon
the environment and the plan's compliance with SEQRA.
(5)
That the location and size of the use, the nature and intensity
of the operations involved in or conducted in connection with it,
its site layout and its relation to streets giving access to it will
be hazardous or inconvenient to the residential character of the neighborhood
or conflict with the normal traffic on the residential streets.
(6)
That the proposed use, site layout, location, size or operation
will be objectionable to nearby dwellings by reason of noise, sights
or other objectionable impacts.
(7)
That the proposed use, location, size, site layout and nature
of use will not be a harmonious part of the district in which it is
to be situated.
The Superintendent of Buildings shall refuse any building permit
application disapproved as provided herein. If the Board of Architectural
and Site Plan Review fails to render its decision on any application
referred to it under the provision of this article within 90 days
of the date of a completed application being received by it, the application
shall be considered to have been approved. The time within which the
Board of Architectural and Site Plan Review shall render its decision
may be extended upon the consent of the Board and applicant. An application
shall not be deemed complete for the purposes of this section unless
and until the applicant has submitted all materials requested by the
Board of Architectural and Site Plan Review.
A.
With the purpose of encouraging the most appropriate use of land
throughout the Village, the Board of Trustees may vary the minimum
or maximum zoning requirements set forth in this chapter so as to
reduce said requirements by not more than 10% if the result of said
variation will be in harmony with the character of the neighborhood
and will enhance the development of the area.
B.
With
the purpose of achieving the most appropriate design and site planning
in furtherance of the purposes of this chapter, the Board of Trustees,
in passing on any application before it, may modify the requirements
of this chapter so as to permit minor encroachments on required yards
by railings, bays, chimneys or other architectural details, or so
as to permit minor variations with respect to the location of accessory
buildings, provided that no accessory building shall in any case be
permitted to encroach on any front or side yard.
C.
The reservation of parkland requirements set forth in § 600-8.9 shall be applicable to all site plan approvals. No building permit shall be used unless the Board of Architectural and Site Plan Review undertakes the study and complies with the requirements set forth in § 600-8.9 for all site plan reviews.
The Board of Architectural and Site Plan Review may conduct
a public hearing on the site plan if a majority of the members deem
that such a hearing is in the public interest. The applicant shall
provide evidence at the hearing that all record landowners within
a two-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 15 days but no more than
25 days before the public hearing. In addition, the Village Clerk
shall publish notice of the hearing not less than 10 days prior to
the hearing date. No hearing before any other board shall diminish
the authority of the Board of Architectural and Site Plan Review to
conduct a public hearing.
An applicant shall be required to pay those fees as set forth,
from time to time, by resolution of the Board of Trustees.
All applicants under this article shall be required to pay the
cost associated with engineering, environmental, architectural, legal
and other consulting professionals retained by or on behalf of the
Village. No architectural or site plan approval or building permit
shall be issued pursuant to the provisions of this article until the
applicant reimburses the Village for all such expenses. At the time
of application, and throughout the review process, the Board of the
Board of Trustees or the Superintendent of Buildings may require an
applicant to deposit with the Village Clerk such amounts to cover
such fees and expenses. In instances where such are minimal, the requirement
for reimbursement of expenses may be waived by the Board of Architectural
and Site Plan Review.
In connection with its site plan review, the Board of Architectural
and Site Plan Review may require a performance bond in an amount it
shall determine to ensure 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 its condition 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 and the site plan approval has expired. The Board of Architectural
and Site Plan Review may also require documentary demonstration to
its satisfaction of the financial responsibility of the applicant
to complete the project.
Architectural and site plan approval shall automatically terminate
one year after issuance. Prior to the expiration of the one-year period,
upon application and the submission of an application fee, which shall
be set from time to time by resolution of the Board of Trustees, to
the Superintendent of Buildings, the architectural and site plan approval
may be extended for two additional six-month periods, upon good cause
shown. The Board of Trustees may, upon written application, extend
the architectural and site plan approval for additional one-year terms
upon good cause shown. No extension shall be granted by the Board
of Trustees unless the applicant has paid an extension fee in an amount
set by the Board of Trustees.
