The following terms have the following meanings for the purpose
of this article:
EXTERIOR LIGHTING
Temporary or permanent lighting that is installed, located
or used in such a manner to cause light rays to shine outside. Fixtures
that are installed indoors that are intended to light something outside
are considered exterior lighting.
LANDSCAPING
Shall include grass, plantings, trees, bushes, hedges, vegetation,
gardens, and any natural or artificial ground cover.
NEW RESIDENCE
Shall include any construction involving a new residence
or renovated residence involving 1) 50% or more of the preexisting
floor area of the main building or 2) an enlargement or alteration
increasing the square footage of the main building by at least 1,000
square feet.
SECURITY
A performance bond issued by a bonding or surety company
authorized to do business in the State of New York, the deposit of
funds with the Village, a certificate of deposit issued by a bank
or trust company authorized to do business in New York and located
in Nassau County, or an irrevocable letter of credit from a bank authorized
to do business in the State of New York and located in Nassau County.
Any security required herein shall be in a form required or approved
by the Village Attorney as to form, sufficiency and manner of execution.
A landscape plan shall show all elements of proposed landscaping,
for the portion of property as required by this article, including:
A. Site grading and landscape design.
C. Location, quantity, size and type of existing and proposed on-site
vegetation and landscaping, and, if applicable, to be removed.
D. Proposed plant materials shall be drawn to scale using symbols.
E. A table listing the species, size, and quantity of plants and trees.
F. Proposed lighting of any landscape features.
G. Retaining walls or fences.
H. Landscape maintenance and irrigation plan.
I. Any other information that may be needed to show compliance with
this article.
A lighting plan shall include:
A. The location, type, intensity and height of all exterior lighting.
B. A description of the luminaires and any proposed shielding devices.
C. Photometric data showing the angle of light emission and footcandles
on the ground.
D. Additional information as may be required by the Building Department.
The planting and installation of landscaping and vegetation
shall be subject to the following standards and criteria:
A. Standards.
(1) The landscaping and vegetation shall be planted in a growing condition
according to accepted horticultural practices, and shall be maintained
in a healthy, growing condition. Any landscaping or vegetation that
is in a condition that does not fulfill the provisions or intent of
this chapter shall be replaced by the property owner during the next
planting season for the particular planting material.
(2) All landscaping shall be planted not later than the expiration of an original or extended building permit, whichever occurs later, and except as provided herein, before issuance of a certificate of occupancy or completion for the building permit work. Any building permit extension granted in accordance with §
53-6J may include conditions related to the timing of the planting of the landscaping and vegetation. If landscaping and vegetation cannot be installed timely, the Building Inspector may issue a temporary certificate of occupancy or completion upon filing with, and acceptance by, the Village, of security to guarantee the installation of landscaping and vegetation in accordance with this article, in a sum equal to 200% of the estimated cost for the landscaping improvements. Security shall run for a term as provided in this article or otherwise fixed by the Building Department or Board of Trustees, as the case may be, and the term of any such security may be extended by the Board of Trustees with the consent of the parties thereto.
(3) Once a landscape plan has been approved and a building permit issued,
the Building Inspector may authorize minor revisions to the approved
landscape plan, including the substitution of equivalent plantings
and ground cover where such revisions do not diminish the benefits
of the approved plan. A revision shall be considered minor where there
is no reduction in the quantity of plant material, no significant
increase in size or location of plant material, and new plants are
of the same general category (i.e., ornamental, evergreen) and have
the same general design characteristics (i.e., mature size, spread,
density) as the materials being replaced.
(4) Exclusive of any proposed grass areas, the landscape areas should
use plants that can survive with the area's natural rainfall
and do not require irrigation. The plan shall provide the reasoning
if unable to provide such plantings.
B. Criteria. The following criteria shall be used to evaluate proposed
landscape plans:
(1) As an architectural feature, landscaping should soften the mass of
the buildings, driveways, parking areas, and structures on the premises.
(2) Landscaping should be designed to control erosion and allow groundwater
discharge.
(3) Landscaping shall utilize best management practices (BMP) and low-impact
design (LID) principles.
(4) Landscaping shall not hinder visibility at intersections, roadways
or driveways.
(5) Landscaping shall preserve existing natural vegetation and other
natural features of a premises so as to enhance overall site design
and protect ecological systems.
(6) Landscaping may provide screening in a manner that does not adversely
or negatively impact the visual appearance of the Village as an open
residential community.
(7) Landscaping should be suitable to existing site topography and drainage
conditions.
(8) Landscape design should be functional, aesthetically pleasing, provide
definition to the streetscape, complement site and building design,
enhance the premises, and not impact neighboring properties or the
public right-of-way in a detrimental manner.
(9) Landscape materials should be durable and chosen for long-term growth
and retention.
(10)
Invasive plants species are prohibited.
(11)
Landscape areas that are difficult to maintain grass or sod
may incorporate ground cover.
(12)
Landscape design should enhance accessibility and not conflict
with it.
(13)
Landscape design may incorporate boulders, stones or other hardscape
features that are otherwise compliant with any other provision of
the Village Code.
The installation of exterior lighting shall be subject to the
following standards and criteria:
A. Site lighting trespass onto an adjacent property or the public right-of-way
shall be minimized.
B. Site lighting shall minimize light spill into the dark night sky.
C. Lighting fixtures mounted under soffits or otherwise recessed shall
be aimed downward and installed such that the bottom of the light
fixtures is recessed and mounted flush with the bottom of the light
housing.
D. Illumination levels shall be in accordance with current recommended
practices of the Illuminating Engineering Society.
E. All exterior lighting shall be designed and operated so that the
area 20 feet beyond the property line of the premises receives no
more than 1/2 of a footcandle of light from the premises' exterior
lighting.
F. Lighting that presents a clear hazard to motorists, cyclists or pedestrians
is prohibited.
Except as otherwise provided in this article, final approved
landscape or lighting plans, materials and specifications may not
be altered without obtaining approval in the same manner as set forth
in this article for approval of the original landscape or lighting
plan.
Applicants for landscape or lighting plan approval, as provided
herein, shall pay a fee in an amount as determined by resolution of
the Board of Trustees, adopted from time to time. Such fee shall be
added to the building permit fee, and shall be paid at the time of
submission of a building permit application. In addition, the applicant
shall be required to fund the cost of any outside landscape or lighting
consulting service to assist the Building Inspector or the approving
board with the review of an application, if such assistance is determined
necessary by the Building Inspector or the approving board. In such
cases, the applicant shall provide additional funds to the Village
for deposit into a trust account in an amount as determined by the
Building Department.