Village of New Hempstead, NY Planning Board

Editor's Note: See also Ch. 255, Subdivision of Land.

[Added 12-22-2020 by L.L. No. 1-2021]

Referral of building permit applications. The Building Inspector shall promptly refer to the Planning Board every application for a building permit which meets the requirements of this article. Subject to the requirements of this article, the Planning Board shall issue a written report approving, conditionally approving subject to specific modifications, or disapproving the proposed construction. The Building Inspector shall not issue a building permit for said construction unless the approval by the Planning Board is received.

Advisory reports. The Planning Board shall issue written advisory reports recommending approval, conditional approval subject to specific modifications, or disapproval of any matter which may be referred to it by any other approving agency of the Village of New Hempstead.

In addition to any other submission required under Chapter 13, Article III, or Chapter 255, Article I, an applicant shall submit architectural plans to the Planning Board showing at least the location and dimensions of proposed structures, exterior elevations, exterior building materials and finishes to be used and proposed finished site grading. For any matter referred to it for review and recommendation, the Planning Board shall act upon the application in the form as referred to it by the approving agency.

Board action. The Planning Board shall decide on all referrals of this article within 45 days of the date a complete application is received by such Board. Such decision shall be made in writing and shall be mailed to the applicant within 10 days of such decision. The Planning Board shall decide on all referrals of this article within 45 days of receipt of said referral by such Board. Failure to act on the part of the Planning Board within the time limits above shall be deemed to constitute approval or recommendation for approval, as the case may be.

For all matters submitted pursuant to this article, the applicant shall submit, together with the plans required, an affidavit setting forth the names and addresses of all owners of property situated within 500 feet of the lot for which the application has been made and declaring that such names and addresses are correct as within the knowledge of the applicant and as shown on the latest tax assessment roll of the Town of Ramapo. The applicant shall mail notices to each such property owner by first-class mail at least 10 days prior to the meeting at which the application will be considered by the Planning Board, which notices shall indicate the lot for which such application has been made and the date, time and location of such meeting, unless the applicant has supplied notice of other actions required by the Planning Board in conjunction with said notice.

For all matters submitted solely because of a failure to satisfy the criteria set forth in this article, the applicant shall submit an affidavit setting forth the names and addresses of all owners of real property adjoining or adjacent to that of the lot for which the application has been made. For purposes of this subsection, real property shall be considered adjoining or adjacent to that of the lot for which the application has been made if it is either contiguous with the applicant's lot or if it would fall within the boundaries of the applicant's lot if the applicant's lot lines were imaginarily extended across any street contiguous to the applicant's lot. Said affidavit shall also declare that such names and addresses are correct as within the knowledge of the applicant and as shown on the latest tax assessment roll of the Town of Ramapo. The Village Clerk shall mail notices to each such property owner by first-class mail at least five days prior to the meeting at which the application will be considered by the Planning Board, which notices shall indicate the lot for which such application has been made and the date, time and location of such meeting.

For all such matters submitted pursuant to this article, the applicant shall submit, together with the plans required under this chapter, and the affidavit required under Subsections E and/or F of this section, an affidavit stating whether or not there is anyone under contract to purchase the lot for which the application has been made and, if so, the name and address of each contract purchaser and a declaration that such name and address is correct as within the knowledge of the applicant. The Village Clerk shall mail notices to each such contract purchaser by first-class mail at least 10 days prior to the meeting at which the application will be considered by the Planning Board, which notices shall indicate the lot for which such application has been made and the date, time and location of such meeting.

In examining plans or proposals, the Planning Board shall recommend disapproval of, or disapprove, any installation or construction which would cause or contribute to one or more of the harmful effects set forth in this article by reason of:

(1)

Excessive dissimilarity or inappropriateness in relation to any other structure existing or for which a permit has been issued or to any other structure included in the same permit application facing upon the same or intersecting street and within 500 feet of the proposed new structure, in respect to one or more of the following features: cubical content; gross floor area; building area or height of roof; or other significant design features, such as materials or style of architectural design.

(2)

Excessive similarity to any other structure existing or for which a permit has been issued or to any other structure included in the same permit application facing upon the same or intersecting street and within 500 feet of the proposed new structure, in respect to one or more of the following features of exterior design and appearance: apparently identical front, side or other elevations visible from a street; substantially identical size and arrangement of either doors, windows, porticoes or other openings or breaks in the elevation facing the street, including reverse arrangement; or other significant identical features of design, such as, but not limited to, material, roofline, height or other design elements.

(3)

Incompatibility of the building with the site with respect to the amount of grading required or to the treatment of exposed foundations.

In approving construction, the Planning Board may impose appropriate conditions and safeguards designed to prevent the harmful effects set forth in Subsection H of this article. Such conditions may include appropriate site grading in addition to modifications to the form and materials of the proposed building or addition.

In its review and approval of applications to create planned unit development districts pursuant to this article, the legislative body shall comply with the provisions of the State Environmental Quality Review Act under Article 8 of the Environmental Conservation Law of the State of New York and its implementing regulations.