[Added 12-14-2017 by L.L.
No. 1-2017]
A.
It is the purpose of this chapter to promote the health, safety,
comfort and general welfare of the community and to preserve the property
values of the Village, the attractiveness of whose residential area
is the economic mainstay of the community, by providing procedures
for architectural review of all structures henceforth erected, reconstructed,
altered or remodeled in the Village and thereby:
B.
This Planning Board shall substitute and replace the Board of Building
Design. The Planning Board shall not act as an advisory board but
shall have the express authority and power to approve or deny applications
for site plans, subdivision plats, exterior design configurations,
special use permits or other developmental approvals.
(1)
To encourage good qualities of exterior building design and good
appearance and to relate such design and appearance to the sites and
surroundings of structures.
(2)
To foster excellence and resourcefulness in building design and appearances
which are appropriate to the sites and surroundings.
(3)
To prevent such design and appearances as are offensive to visual
and other aesthetic sensibilities.
C.
The Board of Trustees hereby finds that structures which are visually
offensive or inappropriate, by reason of poor qualities of exterior
design or excessive similarity or excessive dissimilarity in relation
to their sites or surroundings, mar the appearance of their areas,
impair the use, enjoyment, stability and desirability and reduce the
values of properties, are detrimental to the character of neighborhoods,
prevent the most appropriate utilization of land and, therefore, adversely
affect the functioning, economic stability, prosperity, health, safety
and general welfare of the entire Village.
There is hereby created a Planning Board ("Board") consisting
of five members, who shall serve without compensation. The members
of said Board shall be residents of the Village of Hewlett Harbor,
and all members of said Board shall be persons qualified by reason
of training or experience in architecture, land development, community
planning, real estate, landscape architecture or other relevant business
or profession or by reason of civic interest and sound judgment to
determine the effects of a proposed building or structure (including
additions or exterior alterations thereto), a group of buildings or
structures or plan of building development on the desirability, property
values and development of surrounding areas on the development of
the Village as a whole. The members of the Board shall be appointed
by the Mayor, subject to the approval of the Board of Trustees. The
Mayor shall, upon the enactment of this article and thereafter at
the annual organizational meeting, designate the Chairman and Vice
Chairman of the Board, subject to the approval of the Board of Trustees,
and the persons so designated shall serve as Chairman and Vice Chairman
at the pleasure of the Mayor and Board of Trustees. The terms of members
of the Board first appointed shall be so fixed that the term of one
member shall expire at the end of the Village official year in which
such members were initially appointed. The terms of the remaining
members first appointed shall be so fixed that one term shall expire
at the end of each official year thereafter. At the expiration of
the term of each member first appointed, his or her successor should
be appointed to a full term of five years. The Board of Trustees shall
have the power to remove any such member for cause, as defined in
relevant sections of the New York State Public Officers Law. Vacancies
shall be filled by the Mayor, subject to the approval of the Board
of Trustees, for the unexpired term of any member whose place has
become vacant. The Building Inspector shall act as Secretary of the
Board.
A.
The Board of Trustees may establish alternate member positions for
purposes of substitution for a member who is unable to participate
because of a conflict of interest or absence. The Mayor may appoint
such alternate members, subject to the approval of the Board of Trustees,
in a number sufficient to meet the needs of the Village, for terms
established by the Board of Trustees.
B.
The Chairman of the Planning Board may designate an alternate member
to substitute for a member who is unable to participate because of
a conflict of interest or absence on an application or matter before
the Planning Board. When so designated, the alternate member shall
possess all the powers and responsibilities of the member of such
Board he or she is replacing, and all the provisions of the Village
Law relating to member training and continuing education, attendance,
conflict of interest, compensation, eligibility, vacancy in office,
removal and service on other boards shall also apply to alternate
members. When a designation is made by the Chairman of the Planning
Board, it shall be entered into the minutes of the Planning Board
meeting at which the substitution is made.
Meetings of the Planning Board shall be held at such times as
the Board may determine and otherwise at the call of the Chairman
or, in his absence, the Vice Chairman. The Chairman or, in his absence,
the Vice Chairman may administer oaths and compel the attendance of
witnesses. A majority of the members of the Board shall constitute
a quorum for the transaction of business. All actions taken by the
Board shall be by a majority of the members thereof, constituting
a quorum. The Board shall keep minutes of its proceedings, showing
the vote of each member on each question, or, if absent or failing
to vote, indicating such fact, and shall also keep records of its
examinations and other official actions. The Board shall have the
power, from time to time, to adopt, amend and repeal rules and regulations,
not inconsistent with law or the provisions of this chapter, governing
its procedure and the transaction of its business and for the purpose
of carrying into effect the standards outlined hereinabove, which
rules and regulations or amendments thereto shall become effective
upon ratification by the Board of Trustees. Every rule or regulation,
every amendment or repeal thereof and every order, requirement, decision
or determination of the Board shall be filed with the Secretary of
the Board and shall be a public record.
A.
The Board shall review and decide and approve on all of the following:
(1)
All applications for the construction of any new building or structure.
(2)
All applications for additions or exterior alterations to any building
or structure.
(3)
All changes in exterior color in paint, siding, brick or cement facade
must be presented to the Building Inspector for review. It shall be
at the Building Inspector's discretion to refer said exterior
color changes to the Board for approval.
(4)
All applications for additions or exterior alterations to any portion
of a one-family dwelling facing or visible from any street which results
in a change in the overall style or appearance of the dwelling which
the Building Inspector, in consultation with the Chairman of the Planning
Board, deems to be substantial; or involves the addition or demolition
of an area equal to 30% or more of the existing building coverage
of the residence. Notwithstanding the preceding sentence, the following
changes to the exterior of a residence, considered alone or two or
more together, shall not require Planning Board approval, provided
the Planning Board may consider and comment upon them in connection
with any application properly referred to it for any other reason
provided in this section:
(5)
Repainting, residing or altering of the exterior of any building
or structure which results in a change of color or materials.
(6)
Landscaping plans for new buildings and additions where existing
landscaping is removed to facilitate construction and cannot reasonably
be restored.
B.
If any building in a residence district for which a building permit
is sought is one of a group of six or more buildings proposed to be
constructed in the same vicinity, none of which buildings is to be
situated at a distance of more than 250 feet from some other building
of the group, whether or not such buildings are to be constructed
on contiguous plots, and whether or not the permits for the other
buildings of the group are applied for by the same applicant, said
application shall be accompanied by a plan of building development
for the entire group, clearly setting forth the entire site layout
and the designs of the exterior appearance of all the proposed buildings
in the group.
C.
A preliminary conference may be held between the Board and the applicant
prior to the preparation and submission of a formal submission. The
intended purpose of such a conference is to enable the applicant to
inform the Board of his proposal prior to the preparation of a detailed
submission and to provide the Board with an opportunity to review
the basic design concept, to advise the applicant as to potential
problems and concerns and to generally recommend the information to
be required on the formal submission.
D.
The Board shall require an application which shall include, but not
be limited to, the following:
(1)
A plan or plans drawn at a scale adequate to indicate clearly the
following:
(a)
The dimensions, orientation and area of the building plot with
setback dimensions clearly indicated.
(b)
The size, shape and location of existing and proposed construction
and relationship to adjacent properties, buildings and structures.
(c)
An explanation of areas of existing or proposed buildings and
an indication of their proposed uses.
(d)
Locations of existing streets, points of entry and egress for
motor vehicles and locations and layout of all paved areas.
(e)
All existing and proposed topography.
(f)
Locations of existing and proposed plantings, including trees,
and screening devices, walls, fences and railings and their height
and the materials of their construction.
(g)
Indication of exterior lighting adequate to determine its character
and to enable review of possible hazards and disturbances to the public
and adjacent properties.
(h)
Indication of other potential disturbances to the public and
adjacent properties due to noise or odors to be emitted from the proposed
use.
(2)
Photographs of the site and adjacent areas and structures sufficient
to provide adequate representation thereof.
(3)
Samples of exterior building materials and finishes and color palette
for painted surfaces.
(4)
Detailed drawings of decorative elements.
(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.
E.
The Board may waive any of the requirements of this section where,
due to character, size, location or special circumstances, any such
requirements are not required in order for the Board to properly perform
its review.
Except in cases of extreme emergency, danger to life or the
imminent destruction of property, no permit for the demolition of
a residence may be issued except in accordance with the following:
A.
Where a new residence is proposed, the applicant has received all
permits and approvals, including approval from the Planning Board,
for the construction of a new residence on the same property; or
B.
Where no new residence is proposed, the applicant submits a plan
to the Building Department for maintenance of the property, ("maintenance
plan") which shall include removing foundations to a minimum of one
foot below grade, leveling the grades and planting grass, maintaining
the grass cover, and keeping the site in a condition that will not
result in any adverse visual impact from the vantage point of neighboring
properties or any street. The maintenance plan shall be subject to
approval by the Building Department and shall further include commitments
by the owner of the property to: maintain the property from the time
of demolition until the property is redeveloped; safely fill any foundations
or other excavations on the site immediately following demolition;
and post a letter of credit or cash deposit with the Village in the
amount of $25,000 to ensure completion and maintenance of the landscaping
called for under the plan. The letter/deposit shall be given to the
Village prior to issuance of the demolition permit and shall be held
by the Village for three months after completion of all landscaping
is complete, as determined by the Building Department, after which
time the letter/deposit shall be released. A maintenance plan created
pursuant to this section shall constitute a Type II action for purposes
of SEQRA, provided such plan does not include the creation of impervious
lot coverage, retaining walls, or the removal of one or more trees.
C.
In the event that the Village determines a property is not or has not been maintained in accordance with an approved maintenance plan, it shall mail a notice to the property owner directing that the condition be remedied. If no remedial action is taken by the property owner within 30 days after mailing of the notice, the Village may enter upon the property and perform such basic maintenance as is necessary and shall charge the cost of such work, plus any incidental costs or expenses, to the property owner. Such owner shall have agreed to these terms, including entering the property, prior to any requested remedial maintenance plan being approved pursuant to Subsection B of this section. Reimbursement for the above-referenced costs and expenses shall first be drawn from the letter of credit or deposit held by the Village. After the letter/deposit has been released, or is exhausted, the costs and expenses shall be charged directly to the property owner(s) and shall be reduced to a lien against the property if left unpaid for a period of 30 days after written demand is mailed to the owner's last known address.
D.
In addition to the requirements in Subsections A, B and C of this section, an applicant for a demolition permit to erect a new home must commence construction of the new home within three months after issuance of the permits. Failure to commence construction within the allotted time will result in the applicant having to maintain the property in accordance with a maintenance plan as outlined in Subsection B of this section.
A.
The Board shall disapprove any application referred to it if the
Board finds that the application, if granted, would be detrimental
to the character, property values or development of the surrounding
area or of the Village as a whole by reason of any of the following:
(1)
Excessive similarity of design 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, on a plot abutting on the
same street and within 250 feet of the proposed site, in respect to
one or more of the following features of exterior design and appearance:
apparently identical facade; substantially identical features, such
as, but not limited to, doors, windows, porticos or other openings
or breaks in the facade facing the street, including reverse arrangement;
or other significant identical features, such as, but not limited
to, construction material, roofline and height or other design elements,
provided that a finding of excessive similarity of design shall include
not only that such similarity exists but also that it is of such a
nature as to produce harmful effects.
(2)
Excessive dissimilarity of design or inappropriateness of design
or of site plan in relation to any other building or structure existing
or for which a permit has been issued, or to any other building or
structure included in the same permit application, on a plot abutting
on the same street and within 250 feet of the proposed site, or inappropriateness
or excessive dissimilarity of design in relation to the characteristics
of building design generally prevailing in the Village, in respect
to one or more of the following features: cubical contents; gross
floor area; height of building or height of roof; other significant
design features, such as, but not limited to, construction material
or quality or architectural design; or yard dimensions, provided that
a finding of excessive dissimilarity or inappropriateness of design
shall include not only that such dissimilarity or inappropriateness
exists but also visual offensiveness, inappropriateness, inconsistency
of design or other lesser qualities of exterior design, including
considerations of the harmony or discord of colors or materials or
incompatibility of the proposed building or 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 building or
structure from the grade of the terrain that are of such a nature
as to produce undesirable effects.
(3)
A finding that the building or structure for which the permit was
requested, if erected or altered in accordance with the submitted
plan, would not be in harmony with the purpose of this chapter; would
be visually offensive or inappropriate by reason of lesser qualities
of exterior design or inappropriateness of design of site plan in
relation to any other building or structure; would mar the appearance
of the area; would impair the use, enjoyment and desirability or reduce
the values of properties in the area; would be detrimental to the
character of the neighborhood; would prevent the most appropriate
development and utilization of the site or of adjacent lands; or would
adversely affect the functioning economic stability, prosperity, health,
safety and general welfare of the entire community.
B.
In disapproving any application, the Board may specify modifications
in the design of the buildings or structures or any of them or in
requirements as to yard dimensions that will be adequate to render
the same acceptable under the provisions of this chapter.
C.
In approving any application, the Board may impose appropriate conditions
and safeguards designed to prevent harmful effects.
The Building Inspector shall only issue a building permit for
which an application has been approved by the Board.
With the purpose of achieving the most appropriate design in
furtherance of the intent of this chapter, the Board, in passing on
any application before it, may modify the requirements of Village
zoning law so as to permit minor encroachments on required rear yards
by railings, bays, chimneys or other architectural details or so as
to permit minor variations with respect to the location of accessory
buildings or structures, provided that no accessory building or structure
shall in any case be permitted to encroach on any front or side yard.
This article shall supplement the provisions of § 4-412
and Article 7 of the Village Law of the State of New York, as amended,
and shall modify the provisions of the Zoning Chapter of the Code
of the Village of Hewlett Harbor, as amended, to the extent that such
provisions conflict with or are contrary to the provisions of such
chapter.
Every application hereunder shall be accompanied by a fee payable
to the Village in such amount as determined, from time to time, by
resolution of the Board of Trustees.
The Board, upon the approval of the Board of Trustees, may retain
outside experts or consultants, as deemed needed to assist with an
application. All costs associated with the retention of outside experts
or consultants shall be the sole responsibility of the applicant.
Approval shall automatically terminate one year after the same
is granted by the Board, unless a building permit has been issued
and there is physical evidence to demonstrate that substantial construction
has taken place. Upon application to the Board, approval may be extended
for an additional one-year period, 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 and an
additional fee has been paid to the Village in such amount as determined,
from time to time, by resolution of the Board of Trustees.
Every applicant to the Planning Board shall mail written notice
of the date, time and place of the public hearing and a description
of the relief requested to all homeowners within a radius of 300 feet,
the first 100 feet by certified mail, return receipt requested, and
the remaining 200 feet of the radius by first-class mail.
