This chapter shall be enforced by either the Village of Old Brookville Building Inspector or the Code Enforcement Officer under the provisions of Chapter 104, Code Administration and Enforcement, of the Code of the Village of Old Brookville.
A.
When required. It shall be unlawful to excavate or construct, alter,
remove or demolish, or to commence the construction, alteration, removal
or demolition of a building or structure; or to change the contour
of land, without first filing with the Building Inspector an application
in writing and obtaining a building permit authorized by the Board
of Trustees. Each application for a permit received by the Building
Inspector shall be submitted by the Building Inspector with a report
to the Board of Trustees. A formal permit shall be issued only pursuant
to an application approved by the Board of Trustees. Such permit shall
at all times be affixed to the building so that it is visible from
the street, or kept on display at all times in some easily accessible
place at the site approved by the Building Inspector.
B.
Board of Appeals approval. Except upon written order of the Board
of Appeals, no such building permit shall be issued:
C.
Planning Board approval. Site plans for other than one- and two-family dwellings shall require Planning Board approval before a building permit shall be issued pursuant to the provisions of § 300-20 below.
D.
Architectural Review Board approval. Review and approval by the Architectural
Review Board of the exterior of new construction and of alterations
and reconstruction where the areas in square feet of such alteration
or reconstruction exceeds 20% of the total square footage of the structure
prior to alterations or reconstruction shall be required before a
building permit shall be issued.
E.
Expiration of permits. A building permit for a principal dwelling
shall expire 24 months from the date of issuance. For all other construction,
a building permit shall expire 12 months from the date of issuance.
F.
Renewals. A building permit may be extended for an additional one-year period or up to two six-month periods upon payment of the renewal fees as stated in § 154-3C of Chapter 154, Fees and Deposits, of the Code of the Village of Old Brookville. Renewal building permits must be contiguous with the original building permits. No further renewals of a building permit shall be granted unless authorized by the Board of Trustees upon good cause shown.
A.
Findings; legislative intent.
(1)
The Board of Trustees of the Incorporated Village of Old Brookville
(hereinafter the "Board of Trustees"), hereby finds that in order
to ensure that future land use, reuse, development and redevelopment
and other construction activities within the Village of Old Brookville
(hereinafter the "Village") will be planned and designed to have a
harmonious relationship with the existing or permitted use of contiguous
land and with surrounding neighborhoods and to conserve the values
of property and encourage the most appropriate use of land and to
protect and promote the rural nature of the Village, its open space
and natural environs, the topographical features of the Village and
its unique suburban characteristics and to otherwise promote the health,
safety, welfare, comfort and convenience of its residents and the
occupants and users of the subject land and buildings in particular,
site plans for future land use, reuse, development and redevelopment
and other construction activities proposed within the Village should
be subject to review and approval by the Village of Old Brookville
Planning Board (hereinafter the "Planning Board").
(2)
It is, therefore, the intent of the Board of Trustees, and the purpose
of this chapter, to establish a procedure for site plan review for
new land use, reuse, development, redevelopment and other construction
activities proposed within the Village consistent with and pursuant
to § 7-725-a of the Village Law of the State of New York
and to authorize the Planning Board to review and provide it with
appropriate standards in its review of all site plans for compliance
with certain site plan elements, which include, where appropriate,
those relating to parking, means of access, traffic, screening, lighting,
signs, landscaping, location and dimension of buildings, adjacent
land uses and physical features meant to protect adjacent buildings
and land uses, as well as any additional site plan elements specified
herein.
B.
Authority of the Planning Board. Pursuant to Village Law § 7-725-a,
the Planning Board is hereby authorized to review and approve, approve
with modifications or conditions, or disapprove site plans submitted
in accordance with the standards and procedures set forth in this
section. Upon approval of a site plan, the Planning Board may impose
such reasonable conditions and restrictions as are directly related
to and incidental to the proposed site plan. Thereupon, such imposed
conditions and restrictions must be met before the issuance of any
permits by the Board of Trustees, Building Inspector or any other
applicable enforcement agent or officer of the Village.
C.
Activities requiring site plan review; approval required.
(1)
The following applications for land use, reuse, development and redevelopment
and construction activities within the Village shall require site
plan review and approval by the Planning Board:
(a)
Every completed application for a building permit in any zoning
district for the construction of any new building or structure within
the Village or for the reconstruction, enlargement, modification or
alteration of any existing building or structure within the Village
including any additions thereto which would alter or increase the
existing lot coverage of the building or structure or which would
alter or increase the existing gross floor area of the existing building
or structure or which requires any change in grade shall be referred
by the Building Inspector to the Planing Board for site plan review
and approval. The referral shall be made prior to the Building Inspector's
review of the plans and drawings as required by the State Building
Code and shall be made in conformity with this section. No building
permit requiring site plan approval shall be issued by the Building
Inspector unless it first has been approved by the Planning Board.
(b)
Every completed application for a building permit in any zoning
district for the reconstruction of a building or structure damaged
by fire or other incident, the cost of which equals or exceeds 50%
of the replacement cost of the building or structure at the time the
damage occurred.
(c)
Any application for a use variance or a special use permit.
(2)
Minor construction activities or minor modifications to an approved
site plan or existing site defined as those which will have minimal
impact with regard to any of the guidelines or standards of this section,
may be approved by the Chairman of the Planning Board and either the
Building Inspector or Village Engineer without further compliance
with this section if they agree that the activity or modification
is minor in nature. In such event, the approval of the Chairman and
the Building Inspector or Village Engineer shall be evidenced by their
signatures on the building permit.
D.
Site plan guidelines and considerations. In reviewing any application
for site plan approval, the Planning Board shall be guided, as appropriate,
by the following considerations:
(1)
The location, arrangement, size, design, and general site compatibility
of buildings and structures.
(2)
The adequacy and arrangement of vehicular access and circulation,
off-street parking, loading, outdoor storage, pedestrian traffic and
circulation. All driveways to a public or private street shall be
so located to afford maximum safety and convenient ingress and egress
to said roadway, to minimize conflict with the flow of traffic, and
shall be designed to permit emergency vehicles and service vehicles
such as delivery trucks, sanitation vehicles and the like to have
reasonable access to, and space for, their intended functions.
(3)
The adequacy of stormwater and drainage facilities. Provision shall be made for the drainage of surface runoff waters in and from the premises so that flooding and erosion of the property and the property of others will be prevented to the maximum extent practicable. All applicants must fully comply with all regulations and requirements under Chapter 170, Illicit Discharges, Activities and Connections to Separate Storm Sewer Systems, of the Code of the Village of Old Brookville, and Chapter 230, Stormwater Management, of the Code of the Village of Old Brookville, including submission of a stormwater pollution prevention plan.
(4)
The adequacy of water supply, sewage disposal facilities, fire lanes
and other emergency zones, and the provision of fire hydrants.
(5)
The adequacy, type and arrangement of trees, shrubs and other landscaping
and natural screening constituting a visual and noise buffer between
the applicant's and adjoining lands, including the maximum feasible
retention of existing vegetation.
(6)
Protection of adjacent or neighboring properties against direct illumination
and glare, noise, unsightliness and nuisances.
(7)
Materials and design of paving, lighting fixtures, retaining wall,
bulkheads, fences, curbs, benches, etc. shall be of quality appearance,
easily maintained and indicative of their function.
(8)
The overall impact of the proposed development on the neighborhood
and surrounding uses, including compatibility of architectural and
design considerations.
(9)
To the extent possible, no fill, earth, loam or topsoil disturbed
as a result of the activities under site plan review shall be removed
from the premises.
E.
Affirmative requirements. The Planning Board shall not approve a
site plan application unless it finds affirmatively that if carried
out, it will not:
(1)
Be visually offensive or inappropriate by reason of poor quality
of design, monotonous similarity, or striking visual discord in relation
to other sites or surroundings;
(2)
Significantly alter the character, nature, and ambiance of the Village;
(3)
Be detrimental to the character of the neighborhood;
(4)
Prevent the most appropriate development and utilization of the site
or of adjacent land;
(5)
Adversely affect the functioning, economic stability, prosperity,
health, safety, and general welfare of the entire community.
F.
General application requirements. The Planning Board is hereby authorized
to establish such rules and regulations as it deems reasonably necessary
to carry out the provisions of this section setting forth the procedures
and specifications for the submission of a complete site plan application
consistent with the requirements of this section.
G.
Public hearing. The Planning Board shall schedule and conduct a public
hearing on each site plan review application within 62 days of the
date of the meeting at which an application in compliance with the
requirements of this section was officially submitted to and found
to be complete by the Planning Board.
H.
Notice of public hearing.
(1)
Public notice of such hearing shall be given by publication in the
Village's official newspaper at least five days prior to the date
thereof. The Planning Board shall mail the notice of said hearing
to the applicant at least 10 days before such hearing.
(2)
At least 10 days before such hearing the Planning Board shall mail
notices thereof to the Nassau County Planning Commission as required
by § 239-m of the General Municipal Law, which notice shall
be accompanied by a full statement of such proposed action, as defined
in Subdivision 1 of § 239-m of the General Municipal Law.
(3)
The Planning Board shall comply with the provisions of the State
Environmental Quality Review Act under Article 8 of the Environmental
Conservation Law and its implementing regulations.
(4)
For all public hearings other than for single-family residential
uses, the applicant must mail a copy of the public notice thereof
to the owners of all real property located within 500 feet of the
subject parcel, as shown on the official Tax Map of the Village, by
certified mail, return receipt requested, at least 10 days but not
more than 20 days before the date of the public hearing.
I.
Decision.
(1)
Within 62 days after the public hearing portion of the review procedure
is closed, the Planning Board shall act to approve, approve with modifications
or conditions or disapprove the proposed site plan. The time period
in which the Planning Board must render its decision may be extended
by mutual consent of the applicant and the Planning Board. A copy
of the Board's decision shall within five business days be filed in
the offices of the Village Clerk and the Building Inspector and a
copy thereof mailed to the applicant.
(2)
Within 60 days of the date of approval or approval with modifications
or conditions, the applicant shall present to the Planning Board a
corrected final site plan in reproducible form, including any modifications
or conditions required by the Planning Board as a condition of its
approval. Upon verification by the Planning Board and the Village
Engineer that the plan complies with the requirements of the Board's
approval, the plan shall be endorsed by the Planning Board Chairman
and filed with the Village Clerk and the Building Inspector.
J.
Extension of original jurisdiction.
(1)
Until a certificate of occupancy or certificate of completion has
been issued with respect to each construction, reconstruction, alteration
or improvement contained within an approved site plan, the Planning
Board shall have continuing jurisdiction to review and act upon a
site plan, including any and all amendments to the approved site plan.
(2)
The Planning Board shall review and act upon an application for an
amendment to an approved site plan in the same manner as the review
of an original site plan.
(3)
In the event that it is determined that unauthorized changes have
been made to an approved site plan, the Planning Board may rescind
its prior site plan approval in its entirety or in part.
(4)
Within two years after a certificate of occupancy or certificate
of completion has been issued with respect to each construction, reconstruction,
alteration or improvement contained within an approved site plan,
the Planning Board may authorize the Village Engineer to perform an
inspection of the subject site to confirm that the specifications
contained in the approved site plan have been adhered to on a continuing
basis. Regardless of whether inspections are performed or violations
exist, the property owner is required to meet and maintain the specifications
of the approved site plan unless and until a further application is
approved by the Planning Board.
K.
Security for performance and expiration.
(1)
The Planning Board may condition site plan approval upon the applicant's
submission to the Village Clerk of a cash deposit, performance bond
or irrevocable letter of credit in an amount determined after recommendation
from the Village Engineer, which amount shall be sufficient to ensure
that all specifications of the approved site plan, and if required,
all public improvements, shall be completed, and to ensure against
damage to the infrastructure, including public and private roads and
drainage structures.
(2)
Any bond in any form as indicated in Subsection K(1) above shall be in a form and substance acceptable to the Village Attorney, and any such bond shall not be accepted by the Village Clerk unless so approved by the Village Attorney.
(3)
Site plan approval shall automatically terminate and expire one year
after the resolution granting approval is filed in the office of the
Village Clerk, unless a permit has been issued thereon.
(4)
If no certificate of occupancy or completion has been issued within
two years of issuance of a building permit, such permit shall automatically
terminate and expire, and the Village is authorized to use the bond
so posted towards the completion of the building permit thereto.
L.
Waiver of requirements. Any requirement for site plan approval, approval
with modifications or conditions or disapproval may be waived by the
Planning Board upon finding that such requirement is not in the interest
of the public health, safety or general welfare or is inappropriate
to a particular site plan.
M.
Fees and deposits. An application for site plan review shall be accompanied by a fee and deposit in accordance with Chapter 154, Fees and Deposits. The payment of any fee or deposit in connection with the application shall be a condition precedent to the acceptance of the application. No building permit shall be issued pursuant to the provisions of this chapter until all charges which have been incurred by the Village in accordance with Chapter 154, Fees and Deposits, and in the sole discretion of the Planning Board are necessary in connection with the review of a site plan are reimbursed to the Village by the applicant.
A.
Findings; legislative intent.
(1)
The Board of Trustees of the Incorporated Village of Old Brookville,
(hereinafter the "Board of Trustees"), hereby finds that certain uses
of land within the Village are declared to possess such unique, special
and/or individual characteristics, qualities and attributes that they
have the potential to have undesirable consequences upon and adversely
affect the neighborhood and the overall health, safety, welfare, comfort
and convenience of the Village and its residents, and that each such
specific use should, thereon, be considered on an individual case.
(2)
It is, therefore, the intent of the Board of Trustees, and the purpose
of this section, to establish a procedure for special use permit review
and approval consistent with and pursuant to § 7-725(b)
of the Village Law of the State of New York and to authorize the Planning
Board to review, and to provide it with appropriate standards in its
review of, all special use permits.
B.
Authority of the Planning Board.
(1)
Pursuant to Village Law § 7-725(b), the Planning Board
is hereby authorized to review and approve, approve with modifications
or conditions, or disapprove special use permits submitted in accordance
with the standards and procedures set forth in this section.
(2)
Upon approval of a special use permit, the Planning Board may impose
such reasonable conditions and restrictions as are directly related
to and incidental to the proposed special use permit. Thereupon, such
imposed conditions and restrictions must be met in connection with
the issuance of any permits by the Board of Trustees, Building Inspector
or any other applicable enforcement agent or officer of the Village.
C.
Activities requiring a special use permit; approval required. Special use permits shall be required for all uses of land as set forth in § 300-7B of this chapter.
D.
Special use permit guidelines and considerations. In reviewing any
application for a special use permit, the Planning Board shall be
guided, as appropriate, by the following considerations:
(1)
That the location and size of the use, the nature and intensity of
the operations involved in or conducted in connection with it, the
size of the site in relation to it and the location of the site with
respect to streets giving access to it shall be such that it will
be in harmony with the appropriate and orderly development of the
neighborhood in which it is proposed to be located and shall accord
with and promote the purposes set forth in § 7-704 of the
Village Law.
(2)
That the granting of the special use permit will be in harmony with
the long-range, comprehensive, master or general plan of development
of the Village.
(3)
That the proposed use is of such character, size, location, design
and site layout as to be appropriate to and in harmony with the surrounding
properties, the neighborhood and the Village.
(4)
The compatibility of the proposed use with adjoining land uses and
with other proposed development, having particular reference to its
probable effect on the value of other land and to the adequacy of
features intended to promote public health, safety and welfare and
the general purposes of this chapter.
(5)
That the proposed use is or will be necessary or desirable to the
neighborhood or Village in that it will provide a service, facility
or convenience or otherwise contribute to the proper growth and development
of the community and to its general welfare.
(6)
That the proposed use shall not be hazardous, inconvenient, conflicting
or incongruous to the surroundings, neighborhood or Village by reason
of excessive traffic, assembly of persons or vehicles, proximity to
normal travel routes or congregation of children or pedestrians.
(7)
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 not
be hazardous or inconvenient to the residential character of the neighborhood
or conflict with the orderly flow of traffic or normal traffic patterns
on the residential streets, and satisfactory and safe methods of ingress
and egress are provided.
(8)
That the design and location of loading and parking facilities are
safe, suitable and adequate.
(9)
That the proposed use, site layout, location, size, heights, signs,
walls, fences, landscaping and operations in connection with it will
not hinder or discourage the appropriate use and development of adjacent
uses or impair the value thereof.
(10)
That the proposed use, site layout, location, size, heights,
signs, walls, fences, landscaping and operations in connection with
it will not be more objectionable to nearby properties by reason of
noise, traffic, vibration, excessive light, smoke, gas, fumes, odor
or other similar atmospheric pollutants or other similar factors of
impact than would be the operations and impacts of any permitted uses
in the same zoning district not requiring a special use permit.
(11)
That the location and size of the use, the nature and intensity
of the operations in or conducted in connection with it, its site
layout and its relation to streets giving access to it will be such
that vehicular traffic will not be more hazardous than the normal
traffic to the district, taking into account such factors as street
intersections, traffic flow, sight distances and pedestrian traffic.
E.
General application requirements. The Planning Board is hereby authorized
to establish such rules and regulations as it deems reasonably necessary
to carry out the provisions of this section setting forth the procedures
and specifications for the submission of a complete special use permit
application consistent with the requirements of this section.
F.
Public hearing. The Planning Board shall schedule and conduct a public
hearing on each special use permit review application within 62 days
of the date of the meeting at which an application in compliance with
the requirements of this section was officially submitted to and found
to be complete by the Planning Board.
G.
Notice of public hearing.
(1)
Public notice of such hearing shall be given by publication in the
Village's official newspaper at least five days prior to the date
thereof. The Planning Board shall mail the notice of said hearing
to the applicant at least 10 days before such hearing.
(2)
At least 10 days before such hearing, the Planning Board shall mail
notices thereof to the Nassau County Planning Commission as required
by § 239-m of the General Municipal Law, which notice shall
be accompanied by a full statement of such proposed action, as defined
in Subdivision 1 of § 239-m of the General Municipal Law.
(3)
The Planning Board shall comply with the provisions of the State
Environmental Quality Review Act under Article 8 of the Environmental
Conservation Law and its implementing regulations.
(4)
The applicant must mail a copy of the public notice thereof to the
owners of all real property located within 500 feet of the subject
parcel, as shown on the official Tax Map of the Village, by certified
mail, return receipt requested, at least 10 days but not more than
20 days before the date of the public hearing.
H.
Decision.
(1)
Within 62 days after the public hearing portion of the review procedure
is closed, the Planning Board shall act to approve, approve with modifications
or conditions or disapprove the proposed special use permit. The time
period in which the Planning Board must render its decision may be
extended by mutual consent of the applicant and the Planning Board.
A copy of the Board's decision shall within five business days be
filed in the offices of the Village Clerk and the Building Inspector
and a copy thereof mailed to the applicant.
(2)
Within 60 days of the date of approval or approval with modifications
or conditions, the applicant shall present to the Planning Board a
corrected final site special use permit in reproducible form, including
any modifications or conditions required by the Planning Board as
a condition of its approval. Upon verification by the Planning Board
and the Village Engineer that the permit complies with the requirements
of the Board's approval, the permit shall be endorsed by the Planning
Board Chairman and filed with the Village Clerk and the Building Inspector.
I.
Extension of original jurisdiction.
(1)
Until a certificate of occupancy or certificate of completion has
been issued with respect to the special use permit, the Planning Board
shall have continuing jurisdiction to review and act upon a special
use permit, including any and all amendments to the approved special
use permit.
(2)
The Planning Board shall review and act upon an application for an
amendment to an approved special use permit in the same manner as
the review of an original special use permit application.
(3)
In the event that it is determined that unauthorized changes have
been made to an approved special use permit, the Planning Board may
rescind its prior special use permit approval in its entirety or in
part.
(4)
Within two years after a certificate of occupancy or certificate
of completion has been issued with respect to special use permit,
the Planning Board may authorize the Village Engineer to perform an
inspection of the subject site to confirm that the specifications
contained in the approved special use permit have been adhered to
on a continuing basis. Regardless of whether inspections are performed
or violations exist, the property owner is required to meet and maintain
the specifications of the special use permit unless and until a further
special use permit is approved by the Planning Board.
J.
Security for performance and expiration.
(1)
The Planning Board may condition special use permit approval upon
the applicant's submission to the Village Clerk of a cash deposit,
performance bond or irrevocable letter of credit in an amount determined
after recommendation from the Village Engineer, which amount shall
be sufficient to ensure that all specifications of the approved special
use permit, and if required, all public improvements, shall be completed,
and to ensure against damage to the infrastructure, including public
and private roads and drainage structures.
(2)
Any bond in any form as indicated in Subsection J(1) above shall be in a form and substance acceptable to the Village Attorney, and any such bond shall not be accepted by the Village Clerk unless so approved by the Village Attorney.
(3)
Special use permit approval shall automatically terminate and expire
one year after the resolution granting approval is filed in the office
of the Village Clerk, unless a building permit has been issued thereon.
(4)
If no certificate of occupancy or completion has been issued within
two years of issuance of a building permit, such permit shall automatically
terminate and expire, and the Village is authorized to use the bond
so posted towards the completion of the building permit thereto.
K.
Waiver of requirements. Any requirement for special use permit review
and approval, approval with modifications or conditions or disapproval
may be waived by the Planning Board upon finding that such requirement
is not in the interest of the public health, safety or general welfare
or is inappropriate to a particular special use permit.
L.
Fees and deposits. An application for a special use permit review shall be accompanied by a fee and deposit in accordance with Chapter 154, Fees and Deposits. The payment of any fee or deposit in connection with the application shall be a condition precedent to the acceptance of the application. No special use permit shall be issued pursuant to the provisions of this chapter until all charges which have been incurred by the Village in accordance with Chapter 154, Fees and Deposits, and in the sole discretion of the Planning Board are necessary in connection with the review of a special use permit application are reimbursed to the Village by the applicant.
M.
Penalties for offenses. For any and every violation of the provisions of this section, the owner, general agent, contractor of a building, premises or site, and lessee or tenant of an entire building or entire premises, where such violation has been committed or shall exist, and the general agent, architect, builder, contractor or any other persons who knowingly commits, takes part or assists in any such violation or who maintains any building premises in which such violation shall exist, shall be liable for the fines and penalties as prescribed in Chapter 104, Code Administration and Enforcement, of the Code of the Village of Old Brookville.
[Added 8-19-2019 by L.L.
No. 2-2019]
Governmental entities are subject to the provisions of this
chapter in the first instance. If any governmental entity claims an
exemption from the provisions of this chapter for the purposes of
conducting a particular use upon its property which is not otherwise
permitted by this chapter, such entity shall apply to the Village
Board of Trustees for a determination that its interest in conducting
such use is greater that the interest of the Village in enforcing
its land use regulations and that consequently it may conduct such
use despite any contrary provisions of this chapter.
A.
Guidelines and considerations for applications for exemption applied
for by municipalities.
(1)
In reviewing any application by a municipality for exemption
from the provisions of this Zoning Code, the Board of Trustees shall
also consider and balance the public interests involved by weighing
the following listed factors, and if such weighing is in favor of
allowing the use as being exempt from the restrictions of this Zoning
Code, such use shall be allowed by the Board of Trustees:
(a)
The nature and scope of the instrumentality seeking the exemption;
(b)
The kind of function or land use involved;
(c)
The extent of the public interest to be served thereby;
(d)
The effect local land use regulation would have upon the enterprise
concerned and the impact upon legitimate local interests;
(e)
The applicant's legislative grant of authority;
(f)
Alternative locations for the proposed use in less restrictive
zoning areas, including less restrictive zoning areas in other municipalities;
(g)
Alternative methods of providing the needed improvement;
(h)
Intergovernmental participation in the project development process
and an opportunity to be heard.
(2)
In weighing the aforesaid factors, one factor could be more
influential than another or may be so significant as to completely
overshadow all others, but no element should be thought of as required
or controlling.
B.
General application requirements. The Board of Trustees is hereby
authorized to establish such rules and regulations as it deems reasonably
necessary to carry out the provisions of this section setting forth
the procedures and specifications for the submission of a complete
exemption application consistent with the requirements of this section.
C.
Public hearing. The Board of Trustees shall schedule and conduct
a public hearing on exemption application within 62 days of the date
of the meeting at which an application in compliance with the requirements
of this section was officially submitted to and found to be complete
by the Board of Trustees.
D.
Notice of public hearing.
(1)
Public notice of such hearing shall be given by publication
in the Village's official newspaper at least five days prior
to the date thereof. The Board of Trustees shall mail the notice of
said hearing to the applicant at least 10 days before such hearing.
(2)
At least 10 days before such hearing, the Board of Trustees
shall mail notices thereof to the Nassau County Planning Commission
as required by § 239-m of the General Municipal Law, which
notice shall be accompanied by a full statement of such proposed action,
as defined in Subdivision 1 of § 239-m of the General Municipal
Law.
(3)
The Board of Trustees shall comply with the provisions of the
State Environmental Quality Review Act under Article 8 of the Environmental
Conservation Law and its implementing regulations.
E.
Decision. Within 62 days after the public hearing portion of the
review procedure is closed, the Board of Trustees shall act to approve,
approve with modifications or conditions or disapprove the proposed
exemption application. The time period in which the Board of Trustees
must render its decision may be extended by mutual consent of the
applicant and the Board of Trustees. A copy of the Board's decision
shall within five business days be filed in the offices of the Village
Clerk and the Building Inspector and a copy thereof mailed to the
applicant.
F.
Waiver of requirements. Any requirement for municipal exemption approval,
approval with modifications or conditions or disapproval may be waived
by the Board of Trustees upon finding that such requirement is not
in the interest of the public health, safety or general welfare or
is inappropriate to a particular special use permit.
A.
Legislative intent, policy and findings.
(1)
It is the purpose of this section to preserve and promote the character,
appearances, 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
and reconstruction where the area in square feet of such reconstruction
or alteration exceeds 20% of the total square footage of the structure
prior to reconstruction or alteration, and by so doing to:
(a)
Encourage good qualities of exterior building design and good
appearances and to relate such design and appearances to the sites
and surroundings of structures;
(b)
Preserve the prevailing aesthetic character of the neighborhood
and countryside and to enhance same by means of complimentary structures;
(c)
Permit originality and resourcefulness in building design and
appearances which are appropriate to the sites and surroundings;
(d)
Promote and encourage good qualities of architectural design
and utilization of land in the erection and construction of new structures
and the exterior, refurbishing reconstruction or alteration of existing
structures;
(e)
Assure that the design and location of any proposed structure,
or the addition, alteration or reconstruction of any existing structure,
is in harmony with the existing topography of its site and/or the
existing structure as well as the neighboring countryside and existing
property;
(f)
Discourage and prevent such design that would adversely affect
or cause the diminution in value of neighboring property, whether
improved or unimproved; and
(g)
Prevent such design and appearance as are unnecessarily offensive
to visual sensibilities, which impair their enjoyment, value or desirability
of neighboring properties, and the health, safety and general welfare
of the community at large.
(2)
The Board of Trustees hereby finds:
(a)
That structures which are visually offensive or inappropriate
by reason of poor exterior design, monotonous similarly 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;
(b)
That such structures would discourage and prevent the most appropriate
development and utilization of land throughout the Village; and
(c)
That such structures would impair the use, enjoyment and desirability
and stability of both improved and unimproved property and are detrimental
to the character of the neighborhoods, produce degeneration of the
values 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.
(3)
It is the purpose of this section to prevent these and other harmful
effects, and thus to promote the health, safety, morals and general
welfare of the community.
B.
Creation of Architectural Review Board.
(1)
There is hereby created an Architectural Review Board, consisting
of five members, each to be appointed for a term of one year by the
Mayor, subject to approval by the Board of Trustees by resolution.
No person who is a member of the Village Board of Trustees or Planning
Board or Zoning Board of Appeals member shall be eligible for membership
on such Architectural Review Board. All members shall be residents
of the Village.
[Amended 11-19-2007 by L.L. No. 6-2007]
(2)
The Chairman of the Board shall be appointed by the Mayor, subject
to approval by the Board of Trustees.
(3)
The Mayor shall have the power to remove any member of the Board
with or without cause prior to the expiration of his or her term.
Vacancies shall be filled by the Mayor for the unexpired term of any
member whose place has become vacant.
(4)
The Board of Trustees may officially designate and retain one or
more registered architects to advise and take part in any deliberations
of the Architectural Review Board. The Board of Trustees may fix and
provide for all necessary costs or expenses involved in reviewing
each application, including compensation for architects and other
professional and advisory services. An architect so retained shall
be without vote in regard to any application.
[Added 11-19-2007 by L.L. No. 6-2007]
C.
Procedures of Architectural Review Board.
(1)
Meetings of the Architectural Review Board shall be held monthly,
or as required at the call of the Chairman of the Board and at such
other times as the Board shall determine. The meetings of the Board
shall be open to the public and shall be held at the Village Hall,
McCouns Lane, in said Village. A majority of the members of the Board
shall constitute a quorum for the transaction of business. Approval
of any plan(s) shall be done by at least three members signing the
plans on which the architect's signed seal appears and the notation
shall be made on the plan "Approved Plan." 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.
[Amended 11-19-2007 by L.L. No. 6-2007]
(2)
The Board shall have 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 enumerated in Subsection E hereof. Such action shall be taken after public hearing. Every rule or regulation, every amendment or repeal thereof, and every order, requirement, decision or determination of the Board shall be filed in the office of the Village Clerk and shall be a public record.
D.
Referrals to the Board.
(1)
Prior to the issuance of a building permit for construction of a
new building or for the alteration or reconstruction of an existing
building when such alteration or reconstruction exceeds 20% of the
square footage of the building prior to alteration or reconstruction
of the building, the applicant shall file with the Board a copy of
the plans for the proposed building. The plans submitted shall at
least include architectural renderings accurately depicting the building
and topography and landscaping of the site, identifying all materials
incorporated in exterior surfaces of the building and an accurate
survey of the site locating all trees having a diameter of at least
18 inches in circumference at a height of four feet above the base
of the trunk. The term "building," as used in this article, shall
include an enclosed structure.
[Amended 11-19-2007 by L.L. No. 6-2007]
(2)
Where the plans require compliance with the State Environmental Quality
Review Act (SEQR), the appropriate proceedings must be completed pursuant
to Part 617 of the NYCRR and any other applicable regulations before
approval may be granted, and if the Architectural Review Board is
not the lead agency, a copy of the final determination must be filed
with the Board before the plans shall be deemed ready for submission.
(3)
In addition to any other requirements established by the Board for
final approval of such plans, the following items shall be submitted
to the Board at least 15 days prior to its next regularly scheduled
meeting:
[Amended 11-19-2007 by L.L. No. 6-2007]
(a)
Final revised plans, signed by the owner and containing the
signed seal of a licensed architect. Printed upon or appended to this
set of plans will be the agreed upon specifications in regard to building
materials and other materials pertinent to the exterior design of
the structure.
(b)
Such plans shall show all elevations of new structures or buildings
and, in the case of reconstruction, alterations or additions, shall
show all affected elevations.
(c)
An overall plan for proposed landscaping in regard to the site
location of the subject structure of building will be required if
the landscaping causes the alteration of the existing topography of
the land or other environmental features which would have an adverse
impact on neighboring structures or the overall preexisting appearance
of the neighborhood.
(d)
The Board may, in case it deems appropriate, waive one or more of the requirements of Subsection D(3)(a), (b) or (c) above, taking into consideration the nature and extent of the construction proposed, its location and the undue hardship which the applicant may suffer by strict compliance with these requirements.
[Added 11-19-2007 by L.L. No. 6-2007]
(4)
No building permit for any building or structure subject to this chapter as set forth in Subsection D(1) shall be issued unless it shall first have been approved by a vote of at least a majority of the members of the Board.
(5)
Final approved maps or plans, materials and specifications may not
be altered in any way without the express prior approval of the Board.
Any requested changes of the approved plans or maps must be submitted
for review at least 15 days prior to the next regularly scheduled
meeting of the Board, and no construction work involving such changes
shall be commenced or continued until approval of the Board 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 amended plans or maps are approved by
the Board. 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 attorneys' fees, engineering fees and other
expert witness fees shall be paid by defendant.
[Amended 11-19-2007 by L.L. No. 6-2007]
E.
Standards for Board action.
(1)
In considering an application, the Board shall take into account
natural features of the site and surroundings, exterior design and
appearances of existing structures, and the character of the neighborhood
and its peculiar suitability for particular purposes, with a view
to conserving the values of property and encouraging the most appropriate
use of land.
(2)
The Board may approve any application to it upon finding that the
building or structure for which the permit was requested, if constructed,
erected, reconstructed, or altered in accordance with the submitted
plan, would be in harmony with the purpose of this chapter, 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 value of properties in the area, would not be detrimental
to the character of the neighborhood, would not prevent the most appropriate
utilization of the site or of adjacent land, and would not adversely
affect the functioning, economic stability, prosperity, health, safety
and general welfare of the entire community.
(3)
In approving any application, the Board may impose appropriate conditions and safeguards designed to prevent the harmful effects set forth in Subsection A(2) hereof.
(4)
The Board may disapprove any application for a permit, provided that the Board has afforded the applicant an opportunity to confer upon suggestions for change of the plan or map, and provided that the Board finds and states that the structure or building for which the permit was requested would, if erected, constructed, reconstructed, or altered as indicated, provoke one or more of the harmful effects set forth in Subsection A(2) hereof by reason of:
(a)
Monotonous similarly to any other structure or building located
or proposed to be located on the same subdivision or located within
1,000 feet in respect to one or more of the following features of
exterior design and appearance:
[Amended 11-19-2007 by L.L. No. 6-2007]
[1]
Substantially identical facade, disregarding color;
[2]
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
[3]
Other substantially identical features, such as, but not limited
to, setbacks from street lines, heights, widths and lengths of elements
of building design, and exterior materials and treatments.
(b)
Striking dissimilarity, visual discord or inappropriateness
with respect to other structures of buildings located or proposed
to be located in the same subdivision or located within 1,000 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:
[Amended 11-19-2007 by L.L. No. 6-2007]
[1]
Facade, disregarding color;
[2]
Size and arrangement of doors, windows, porticos, porches or
garages or other openings, breaks or extensions in the facade; or
[3]
Other significant design features such as, but not limited to,
heights, widths, length 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, fences, service and areas.
(c)
Visual offensiveness or other poor qualities of exterior design,
including, but not limited to, excessive divergences of the height
or levels of any part of the structure or building from the grade
of terrain, harmony or discord of color, or incompatibility of the
proposed structure, building, refurbishing, reconstruction, alteration
or addition with the terrain on which it is to be located, the failure
of the exterior design to complement and enhance the natural beauty
of it site, in regard to landscape, topography, surrounding structures
and the scenic character of roadways when visible from said roadways.
F.
Guidelines.
[Added 11-19-2007 by L.L. No. 6-2007]
(1)
These guidelines are intended to facilitate the design review process by encouraging certain design characteristics which are deemed appropriate in achieving the standards set forth in § 300-22E. In rendering its judgments, the Board remains at liberty to depart from and may invoke standards which are not encompassed within these guidelines.
(2)
Massing.
(a)
Large undifferentiated volumes and/or wall surfaces should be
avoided.
(b)
Abrupt transitions between volumes of a building should be avoided.
(c)
In single-family dwellings, pitched roofs are preferred over
flat roofs.
(d)
Pitched roofs should consist of at least two sloped surfaces,
except when adjoining higher vertical surfaces (i.e., shed roofs).
Neither sloped surface should be less than 1/3 the length of the longer
side.
(e)
Pitched roofs shall have a minimum pitch of 1:3, except at dormers.
(3)
Materials.
(a)
Designs should rely on a limited palette of materials. It is
preferred that one material, such as brick or wood, be used for the
body of the building. These surfaces should be relieved by their trim,
trim colors and decorative elements such as shutters, molding or other
decorative ornamentation.
(b)
The Board strongly encourages the use of durable and enduring
materials with proven performance. In particular, cladding and roof
systems will be reviewed for durability and the quality of their technical
design as well as their appearance.
(4)
The use of evergreen plant material (e.g., pine, cedar, hemlock,
holly, laurel, yew, pachysandra, myrtle, etc.) is encouraged to ensure
that any planned visual buffers function effectively year-round.
(5)
If located in a front elevation of a residential building, the door
or doors of a garage shall not have a total horizontal dimension which
exceeds 50% of the horizontal dimension of the front elevation of
the residential building.
(6)
Exterior mechanical equipment should be indicated on all drawings
and should be properly shielded from view of all streets and adjacent
properties.
(7)
The Board encourages the use of colors, singly or in combination,
which are consistent with the visual character of the existing buildings
and landscape of the Village. Strident color schemes or colors which
compete with those of the natural landscape are strongly discouraged.
(8)
Style.
(a)
In general, adjacent structures shall not be identical nor mirror
images of one another.
(b)
The massing and style chosen for buildings should be suitable
and appropriate within the context of adjacent existing buildings.
(c)
Within any submitted design, the massing, size and shape of
all openings, decorative trim and ornamentation should be stylistically
consistent.
G.
Appeal. Any applicant aggrieved by the action of the Architectural
Review Board in disapproving an application, and of the denial of
a building permit because of such disapproval, may request within
30 days of the filing of the disapproval by the Board of Architectural
Review that the Board make formal findings of fact. In the event of
such a request, the Board shall make such findings of fact within
15 days after the request is filed in the Village Clerk's office and
shall thereafter provide the applicant with an opportunity to answer
the findings by a submission of formal proof, and shall reconsider
the application on the basis of such answer. If the application is
disapproved after such reconsideration, the applicant may appeal to
the Board of Trustees, within 30 days after the filing in the office
of the Village Clerk of the decision of the Board after reconsideration.
[Amended 11-19-2007 by L.L. No. 6-2007]
H.
Fees. All applicants who submit an application to the Architectural Review Board shall pay a fee to the Village Clerk as provided in Chapter 154, Fees and Deposits. In the event an applicant shall substantially change and/or submit new architectural renderings to the Architectural Review Board, the applicant shall submit an additional fee as provided in Chapter 154, Fees and Deposits.
[Amended 11-19-2007 by L.L. No. 6-2007]
A.
Required.
(1)
No structure hereafter erected shall be used and no land shall be
used or changed in use until a certificate of occupancy therefor has
been issued by the Building Inspector.
(2)
It shall be the duty of the Building Inspector to issue a certificate
of occupancy as promptly as practicable, and in any case within 10
days after an application for such certificate shall have been filed
in his or her office by any owner, after having determined that the
building and premises and the proposed use thereof conform with all
requirements of this chapter and of the State Uniform Fire Prevention
and Building Code.[1] Each application for a certificate of occupancy shall
be accompanied by a fee in the amount required by the Village Board
of Trustees.
B.
Alterations. No structure hereafter altered shall continue to be
used for more than 30 days after the alteration is completed unless
a certificate of occupancy shall have been issued by the Building
Inspector.
C.
Noncompliance with chapter. Except upon a written order of the Board
of Appeals, no such certificate of occupancy shall be issued for any
structure or use of land, or for the alteration of any structure,
where such structure, use, or alteration would be in violation of
any of the provisions of this chapter.
Applications for building permits and certificates of occupancy
shall be made upon such forms, and shall be accompanied by such layout
or plot plans, as shall be prescribed by the Building Inspector to
facilitate enforcement of this chapter in conjunction with the State
Uniform Fire Prevention and Building Code in the Village of Old Brookville.[1]
A.
Creation, appointment and organization.
(1)
A Board of Appeals is hereby created. It shall consist of five members,
one of whom shall be appointed Chairman, and another deputy Chairman
who shall act in the absence or inability of the Chairman for a period
of three years. The Mayor subject to the approval of the Board of
Trustees shall appoint the members for a term of five years, except
that the terms of the first five members shall have terms from one
to five years as provided in Village Law § 7-712. In case
of a vacancy, the successor shall be appointed to serve for the unexpired
portion of the term of his or her predecessor.
(2)
All meetings of the Board of Appeals shall be held at the call of
the Chairman and at such other times as such Board may determine.
Such Chairman, or in his absence, the acting Chairman, may administer
oaths and compel the attendance of witnesses. All meetings of such
Board shall be open to the public. Such Board shall keep minutes of
its proceedings, showing the vote of each member upon every question,
or if absent or failing to vote, indicating such fact, and shall also
keep records of its examination and other official actions. Every
rule, regulation, every amendment or repeal thereof, and every order,
requirement, decision or determination of the Board shall immediately
be filed in the office of the Village Clerk and shall be a public
record.
B.
Powers and duties. The Board of Appeals shall have all the powers
and duties prescribed by law and by this chapter, which are more particularly
specified as follows:
(1)
Interpretation. Upon appeal from a decision by an administrative
official, to decide any question involving the interpretation of any
provision of this chapter, including determination of the exact location
of any district boundary if there is uncertainty with respect thereto.
(2)
Appeals. To hear all appeals from any of the decision of the Building
Inspector, the Architectural Review Board or any other appeals pertaining
to this chapter not otherwise provided for in this chapter or by law.
(3)
Variances. Upon such appeals, where there are practical difficulties
or unnecessary hardships in the way of carrying out the strict letter
of this chapter, to vary or modify the application of any of the regulations
or provisions of this chapter relating to the use, construction or
alteration of buildings or structures, or the use of land, so that
the spirit of this chapter shall be observed, public safety and welfare
secured, and substantial justice done.
C.
Procedure.
(1)
The
following sections of the New York State Village Law are hereby superseded
and amended in its application to the Village of Old Brookville, New
York, as follows:
[Added by L.L. No. 7-2007[1]]
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§ 7-712-a. Board of Appeals procedure.
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9.
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Filing of decision and notice. The decision of the Board of
Appeals on the appeal shall be filed in the office of the Village
Clerk within 20 business days after the day such decision is rendered,
and a copy thereof mailed to the applicant.
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(a)
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The Board of Appeals may render its decision in summary format,
setting forth the Board's decision and conditions imposed, if any,
without enumerating detailed findings which formed the basis for its
determination. Any person aggrieved by a decision of the Board may
within 30 days after filing of the summary decision in the office
of the Village Clerk, file a written demand with the Village Clerk,
demanding that the Board of Appeals publish its findings which formed
the basis for its decision. The Village Clerk shall deliver this demand
to the Chairman of the Board of Appeals, who shall cause the Board
of Appeals to publish and file its findings with the Village Clerk.
If any aggrieved person seeks judicial review without having requested
a findings statement, the Chairman or a member of the Board of Appeals
may submit the Board's findings by affidavit as part of the Board's
court pleadings.
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(b)
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The date of filing of the Board of Appeals' decision in summary
format with the Village Clerk shall be deemed the date of the filing
of the Board's decision for all purposes, except when a timely written
demand is made for the statement of findings. In those cases, the
date of filing of the findings statement with the Village Clerk shall
be deemed the date of filing of the decision of the Board of Appeals
for all purposes.
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§ 7-712-c. Article seventy-eight proceeding.
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|---|---|---|
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1.
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Application to supreme court by aggrieved persons. Any person
or persons, jointly or severally aggrieved by any decision of the
Board of Appeals or any officer, department, board or bureau of the
Village, may apply to the supreme court for review by a proceeding
under article 78 of the civil practice law and rules. Such proceeding
shall be instituted within 30 days after the filing of a decision
of the Board in the office of the Village Clerk, as provided for in
§ 7-712-a(9)(b).
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(2)
The Board of Appeals shall act in strict accordance with the procedure
specified by law and by this chapter. All appeals and applications
made to the Board shall be in writing, on forms prescribed by the
Board. Every appeal or application shall refer to the specific provision
of this chapter involved, and shall exactly set forth the interpretation
that is claimed the use for which the special permit is sought, or
the details of the variance that is applied for and the grounds on
which it is claimed that the variance should be granted, as the case
may be. At least 20 days before the date of the hearing required by
law on an application or appeal to the Board of Appeals, the secretary
of said Board shall transmit to the Planning Board a copy of said
application or appeal, together with a copy of the notice of the aforesaid
hearing and shall request that the Planning Board submit to the Board
of Appeals its opinion on said application or appeal, and the Planning
Board shall submit a report of such advisory opinion prior to the
date of said hearing. Upon failure to submit such report, the Planning
Board shall be deemed to have approved the application or appeal.
Fees for building permits, certificates of occupancy and other related matters are set forth in Chapter 154, Fees and Deposits.
