[HISTORY: Adopted by the Board of Trustees
of the Village of Williston Park 10-20-2014 by L.L. No. 4-2014.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Fire prevention and building construction — See Ch. 97.
Landmark preservation — See Ch. 124.
Landscape gardening — See Ch. 126.
Signs — See Ch. 182.
Zoning — See Ch. 230.
[1]
Editor’s Note: This local law also repealed former Ch.
7, Architectural Review Board, adopted 6-16-1980 by L.L. No. 5-1980,
as amended.
A.
The
purpose of this article is to preserve and promote the character,
appearances and aesthetics of the Village and to conserve the property
values of the Village by providing procedures for an architectural
review of the exterior of new construction and of certain alterations,
additions and reconstruction where such alteration, addition, or reconstruction
effects a significant change in the exterior appearance of the building
and, by doing so, to:
(1)
Encourage good qualities of exterior building design and good appearances
and to relate such design and appearances to the sites and surroundings
of buildings.
(2)
Preserve the prevailing aesthetic character of the neighborhood and
community and to enhance the same by means of complementary buildings.
(3)
Permit originality and resourcefulness in building design and appearances
which are appropriate to the sites and surroundings.
(4)
Promote and encourage good qualities of architectural design and
utilization of land in the erection and reconstruction of new buildings
and the exterior refurbishing, reconstruction or alteration of existing
buildings.
(5)
Assure that the design and location of any proposed building or the
addition, alteration or reconstruction of any existing building is
in harmony with the existing topography of its site and/or the existing
building as well as the neighboring area and existing property.
(6)
Discourage and prevent such design that would adversely affect or
cause the diminution in value of neighboring property, whether improved
or unimproved.
(7)
Prevent such design and appearances as are unnecessarily offensive
to visual sensibilities and which impair the use, enjoyment, value
or desirability of neighboring properties and the health, safety and
general welfare of the community at large.
B.
The
Board of Trustees hereby finds that:
(1)
Buildings which are visibly offensive or inappropriate by reason
of poor exterior design, monotonous similarity, or striking visual
discord or dissimilarity in relation to their site or surroundings
would mar the appearances of their areas and would adversely affect
the desirability of the immediate area and neighboring areas; and
(2)
Such buildings would discourage and prevent the most appropriate
development and utilization of land throughout the Village; and
(3)
Such buildings would impair the use, enjoyment and desirability and
stability of both improved and unimproved property and are detrimental
to the character of neighborhoods, produce a degeneration of the value
of real property with attendant deterioration of conditions affecting
the functioning, economic stability, prosperity, health, safety and
morals of the inhabitants of the Village and destroy a proper relationship
between the taxable value of real property and the cost of municipal
services provided therefor.
C.
It
is the purpose and findings of this article to prevent these and other
harmful effects and thus to promote the health, safety, morals and
general welfare of the community.
A.
Any
application for a building permit for the construction, reconstruction
or alteration of any structure in the Village shall be made to the
Building Inspector and shall include with the proposed plans for the
structure front and side elevations, a description of the materials
to be used on the exteriors of any structure, any proposed landscaping
and a site plan showing any proposed driveways and off-street parking
areas to be used in connection with the proposed structure.
B.
Within
30 days after submission, the Building Inspector shall render a decision
as to the acceptability of the plans and accompanying papers based
on the following considerations:
(1)
Harmony of exterior design with other properties in the Village where
similar uses are established.
(2)
Compatibility of exterior materials to be used with the exterior
materials used on other buildings in the Village where similar uses
are established.
(3)
Suitability and compatibility of the proposed landscaping.
(4)
Prevention of the use of grotesque designs of buildings, color schemes
or exterior materials.
C.
In
his decision, the Building Inspector may approve the plans, approve
on stated conditions, or reject the plans.
Final approved maps or plans, materials and specifications may
not be altered in any way without the express prior approval of the
Building Inspector. No construction work involving requested changes
shall be commenced or continued until approval of the Building Inspector
is granted. The Building Inspector 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 he/she approves the amended
plans or maps. 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 attorney's fees, engineering fees and
other expert witness fees shall be paid by the defendant.
The Building Inspector, in reviewing plans for proposed driveways
and off-street parking areas in a business district, shall approve
such plans only if they meet the following purposes:
A.
To
provide appropriate screening of the driveway and parking areas from
adjoining residential properties by planting or appropriate fences.
B.
To
provide a surface for the driveway and parking areas that will prevent
dust from being raised.
C.
To
provide for the location of such driveway and parking areas so that
they will not visually detract from the neighborhood appearance.
D.
To
provide, where appropriate, for such lighting as may be required to
make the driveway and parking areas safe and convenient for night
use, without adverse effect on neighboring properties.
E.
To
provide for such additional design and landscaping features as may
be required to make the driveway and parking areas compatible with
the character and appearance of the neighborhood in which they are
located and the Village as a whole.
Any person aggrieved by the action of the Building Inspector
under this article approving, approving with modifications or disapproving
an application and of the grant or denial of a building permit under
this article, may appeal to the Village Board of Trustees within 30
days after the filing of the decision of the Building Inspector. The
Village Board of Trustees may reverse or affirm or modify and affirm
the action of the Building Inspector under this article.
A.
It
shall be unlawful for anyone to substantially change the facade, including
but not limited to the roof, doors, windows and other architectural
details, in color, material or design, of any structure after such
facade has been approved by the Building Inspector without the Building
Inspector's prior approval.
B.
It
shall be unlawful for anyone to fail to maintain, and to the extent
as may be necessary, replant any landscaping in accordance with any
landscaping plan which has been approved by the Building Inspector
for so long as the structure continues to stand for which such landscaping
was imposed without the Building Inspector's prior approval.
C.
It
shall be unlawful for anyone to fail to adhere to the conditions imposed
by the Building Inspector for so long as the structure continues to
stand for which such conditions were imposed without the Building
Inspector's prior approval.
