[HISTORY: Adopted by the Board of Trustees
of the Village of New Hyde Park 12-4-2001 by L.L. No. 7-2001. Amendments noted where
applicable.]
A.
It is the purpose of this chapter to preserve and
promote the character, appearances and aesthetics of the Village and
to conserve the property values of the Village by providing procedures
for an architectural and preliminary site review of all land developed
and all structures henceforth erected, reconstructed, altered or remodeled
in the Village, and by so doing to:
(1)
Encourage good qualities of exterior building design
and good appearances to relate such design and appearances to the
sites and surroundings of structures.
(2)
Preserve the prevailing aesthetic character of the
neighborhood and geographic area and to enhance same by means of complementary
structures.
(3)
Permit originality and resourcefulness in building
design and appearances which are appropriate to the sites and surroundings.
(4)
Promote and encourage good qualities of architectural
design and utilization of land in the erection and construction of
new structures and the exterior refurbishing, reconstruction or alteration
of existing structures.
(5)
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 geographic
area and existing property.
(6)
Discourage and prevent such design that would adversely
affect or cause the diminution in value of neighboring property, whether
improved or unimproved.
(7)
Prevent such design and appearances as are unnecessarily
offensive to visual sensibilities, which impair the use, enjoyment,
value or desirability of neighboring properties and the health, safety
and general welfare of the community at large.
B.
The Board of Trustees hereby finds it necessary to
create a mechanism for architectural and preliminary site plan review
since:
(1)
Structures which are visually offensive or inappropriate
by reason of poor exterior design, poor site layout, monotonous similarity
or striking visual discord or dissimilarity in relation to their site
or surroundings would mar the appearances of and adversely affect
the desirability of the immediate area and neighboring areas.
(2)
Such structures would discourage and prevent the most
appropriate development and utilization of land throughout the Village.
(3)
Such structures would impair the use, enjoyment and
desirability and stability of both improved and unimproved property
and are detrimental to the character of neighborhoods, produce degeneration
of the values of real property with attendant deterioration of conditions
affecting the functioning, economic stability, prosperity, health
and safety of the inhabitants of the Village and destroy a proper
relationship between the taxable value of real property and the cost
of municipal services provided therefor.
C.
It is the purpose of this chapter to prevent these
and other harmful effects and thus to promote the health, safety and
general welfare of the community.
A.
There is hereby delegated to the Planning Board of
the Village the authority and responsibility to carry out the spirit
and purpose of this chapter and to examine, hear, deliberate upon
and act upon applications brought before it pursuant to the requirements
of this chapter.
B.
The Superintendent of Buildings shall act as advisor
to the Village Planning Board with respect to its activities pursuant
to this chapter.
[Amended 8-19-2021 by L.L. No. 10-2021]
A.
The Planning Board shall conduct an architectural
review of and decide upon all of the following:
(1)
All applications for the construction of any new building
or structure.
(2)
All applications for alterations or additions to any
building or structure, except that with respect to a one-family residence
in a residential zoning district, additions, alterations or reconstruction
which shall not increase the gross floor area of a building by more
than 20% thereof shall be exempt from the provisions of this chapter.
(3)
Repainting, re-siding or altering of the exterior
of any building or structure which results in a change of color or
materials.
(4)
Design of exterior signs.
B.
There is also delegated to the Planning Board the
authority to conduct a review of and to issue an approval or denial
for preliminary site plan approval. The Board of Trustees shall have
jurisdiction over final site plan approval.
A.
Review of plans.
(1)
A preliminary conference may be held between the Planning
Board and the applicant prior to the preparation and submission of
a formal plan. The intended purpose of such a conference is to enable
the applicant to inform the Planning Board of a proposal prior to
the preparation of a detailed submission and to provide the Planning
Board with an opportunity to review the basic design concept, to advise
the applicant as to potential problems and concerns and to generally
determine the information to be required on the formal submission.
(2)
The Planning Board may waive any of the requirements
of this section where, due to character, size, location or special
circumstances, either the preliminary conference or any particular
information is not required in order for the Planning Board to properly
perform its review.
(3)
No building permit for any building or structure subject
to this chapter shall be issued unless it shall first have been approved
by a vote of at least a majority of the members of the Planning Board.
(4)
Final approved maps or plans, materials and specifications
may not be altered in any way without the express prior approval of
the Planning Board. Any requested changes of the approved plans or
maps must be submitted for review at least seven days prior to the
next regularly scheduled meeting of the Planning Board, and no construction
work involving such changes shall be commenced or continued until
approval of the Planning Board is granted. The Superintendent of Buildings
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 Planning 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 the defendant.
B.
Standards for review.
(1)
In considering an application, the Planning 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 the peculiar suitability of the application
for particular purposes, with a view to preserving the values of property
and encouraging the most appropriate use of land.
(2)
The Planning 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 Planning Board may
impose appropriate conditions and safeguards designed to prevent the
harmful effects set forth above.
(4)
The Planning Board may disapprove any application
for a permit, provided that the Planning Board has afforded the applicant
an opportunity to confer upon suggestions for change of the plan or
map and provided that the Planning Board finds and states that the
structure or building for which the permit was requested would, if
erected, constructed, reconstructed or altered as indicated, provide
one or more of the harmful effects set forth above by reason of:
(a)
Monotonous similarity to any other structures or buildings
located or proposed to be located in the vicinity in respect to one
or more of the following features of exterior design and appearance:
[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.
[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 or buildings located or proposed
to be located in the vicinity in respect to one or more of the following
features of exterior design and appearance:
[1]
Facade, disregarding color.
[2]
Size and arrangement of doors, windows, porticos,
porches or garages or other openings, breaks or extensions in the
facade.
[3]
Other significant design features, such as but
not limited to heights, widths, lengths or 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 and service 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 or terrains, 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
and the failure of the exterior design to complement and enhance the
natural beauty of its site in regard to landscape, topography, surrounding
structures and the scenic character of roadways when visible from
said roadways.
C.
Action on application. Within 90 days of the date
of determination of a completed application by the Planning Board,
the Planning Board shall approve, approve with modifications or disapprove
the application. The time period in which the Planning Board must
render its decision and recommendation may be extended by the Planning
Board for good cause. The failure of the Planning Board or any other
reviewing agency to make a determination within any formal time period
shall be deemed a disapproval or recommendation of disapproval of
the application.
D.
Appeals. Any applicant aggrieved by a decision of
the Planning Board with reference to the jurisdiction of this chapter
shall be entitled to appeal the decision to the Village Board of Trustees.
A.
Applicability; exceptions.
(1)
Prior to the issuance of a building permit in any
zoning district for a new building or structure or an addition thereto
and for the alteration of a building or structure for any new land
use or any altered land use activities requiring a variance or a special
permit, the Superintendent of Buildings shall require site plan approval
in accordance with the provisions of this chapter. Exceptions to these
requirements are:
(a)
Construction of a single one-family dwelling on a
single plot not in conjunction with an adjoining lot.
(b)
Additions to one-family dwelling.
(c)
Permitted accessory buildings or structures to a one-family
dwelling.
(d)
Exterior alterations which do not result in any modification
or rearrangement of building coverage or floor area.
(2)
The Superintendent of Buildings shall notify an applicant
for a building permit in each case where site plan approval is required.
B.
Sketch plan submission.
(1)
A sketch plan conference shall be held between the
Planning Board and the applicant prior to the preparation and submission
of a formal site plan. The intent of such a conference is to enable
the applicant to inform the Planning Board of the proposal prior to
the preparation of a detailed site plan and to provide the Planning
Board with an opportunity to review the basic site design concept,
to advise the applicant as to potential problems and concerns and
to generally determine the information to be required on the site
plan.
(2)
In order to accomplish these objectives, the applicant
shall provide eight copies of the following to the Planning Board:
(a)
A statement and sketch drawn to scale showing the
locations and dimensions of the principal and accessory structures,
parking areas (including ingress and egress and curb cuts), signs,
existing and proposed vegetation and other existing topography and
natural features; proposed water supply and sewage and waste disposal
facilities; provisions for storm drainage, recreation and open space;
and zoning calculations.
(b)
An area map showing the parcel under consideration
for site plan review and all properties, subdivisions, streets, rights-of-way
and other pertinent features within 300 feet of the boundaries of
the parcel.
(c)
A topographic or contour map of adequate scale and
detail to show site topography.
(d)
An economic analysis of the project indicating, as
applicable, such information as cost of construction and development,
proposed rental or sales prices, market area, cost and manner of providing
public utilities, etc.
(3)
Notwithstanding Subsections B(1) and (2) above, the Planning Board may waive requirements of the sketch plan submission, upon the request of the applicant, where, due to character, size, location or special circumstances, any particular information or the sketch plan conference is not required in order for the Planning Board to properly perform site plan review.
(4)
The submission of documentation for a sketch plan
conference shall be deemed a preliminary submission only and shall
not commence the running of any time periods within which any reviewing
agency or body shall be required to act.
C.
Application for site plan approval.
(1)
Application contents. An application for site plan
approval shall be made in writing to the Superintendent of Buildings
and shall be accompanied by supporting information and documentation.
If a sketch plan conference was held, the supporting information shall
include the elements identified by the Planning Board at said sketch
plan conference. The site plan shall be prepared by a licensed engineer
or licensed architect. In an appropriate case, the Planning Board
may require that specific components of the site plan be prepared
by a licensed landscape architect or licensed surveyor. The applicant
for site plan approval shall submit 15 copies, which shall include
the following information:
(a)
An area map showing the applicant's entire holding,
that portion of the applicant's property under consideration, including
any easements or deed restrictions, and all properties, subdivisions,
streets and areas dedicated to public use within 300 feet of the applicant's
property.
(b)
A map of site topography at two-foot contour intervals.
(c)
A rendered site plan at one-quarter-inch scale.
(d)
The title of the drawing, including the name and address
of the applicant, the owner and the person responsible for preparation
of such drawings.
(e)
North arrow, scale and date.
(f)
Boundaries to the property plotted to scale.
(g)
Existing buildings and structures.
(h)
Grading and drainage plan, showing existing and proposed
contours, rock outcrops, depth to bedrock, soil characteristics and
watercourses, including top elevations of all site structures.
(i)
Location, design, type of construction, proposed use
and exterior dimensions of all buildings and accessory structures.
(j)
Location, design and type of construction of all parking
spaces and loading areas, showing ingress and egress, curb cuts, size
of such spaces and areas, width of circulation aisles and distances
from property lines and all other requirements of this chapter.
(k)
Material board showing sample materials of all paving,
curbs, retaining walls, etc.
(l)
Location, design and type of construction of all pedestrian
access.
(m)
Location of outdoor storage, including but not limited
to materials, refuse and similar items.
(n)
Location and design of all existing and proposed site
improvements, including drains, culverts, walls, fences, hedges and
screen plantings and all existing trees on the subject property which
have at least one trunk with a diameter of eight inches or greater,
measured 41/2 feet above the ground.
(o)
A description of the method of public water supply,
stormwater and sewage disposal and the location of such facilities
and estimated volumes.
(p)
Location of fire and other emergency zones, including
the location of fire hydrants.
(q)
Location and design of all utilities, including electrical,
gas and solar energy, telephone and cable television.
(r)
Location, size, design and type of construction of
all proposed signs.
(s)
Location and proposed development of all buffer areas,
including existing vegetative cover.
(t)
Location and design of outdoor lighting facilities
and means of illumination showing lighting levels achieved over the
entire site.
(u)
Location and amount of building area proposed for
each intended use, including storage and common areas.
(v)
General landscaping plan and planting schedule and
maintenance program description.
(w)
An estimated project construction schedule and the
total estimated project cost.
(x)
Identification of federal, state, county or town permits
required for the execution of the project and the status thereof.
(y)
Other elements integral to the proposed development
as considered necessary by the Planning Board, including but not limited
to traffic studies, elevations and one block model to scale covering
a three-hundred-foot radius from the site.
(z)
Roof plan showing all mechanicals and screening for
the roof.
(aa)
Maintenance plan for the construction phase
of the project.
(bb)
Part 1 of an environmental assessment form (EAF)
in accordance with the State Environmental Quality Review Act and
regulations (SEQR).
(cc)
A stormwater pollution prevention plan consistent with the requirements of Chapter 164 of this Code shall be required for site plan approval. The stormwater pollution prevention plan shall meet the performance and design criteria and standards in Chapter 164 of this Code. The approved site plan shall be consistent with the provisions of this Code.
[Added 12-8-2007 by L.L. No. 12-2007]
(2)
The Superintendent of Buildings shall determine whether
the proposed development meets the requirements of all provisions
of this chapter other than those regarding site plan approval. If
the Superintendent of Buildings determines that any variances or special
permits are required, a determination shall be made as to the routing
sequence of the application to the boards involved. The Planning Board
shall determine whether the application is complete. If the application
is not complete, the Planning Board shall notify the applicant of
the additional information required.
D.
Factors for consideration during review. The Planning
Board's review of a site plan shall include but is not limited to
the following considerations:
(1)
Adequacy and arrangement of vehicular traffic access
and circulation, including intersections, road widths, channelization
structures and traffic controls.
(2)
Adequacy and arrangement of pedestrian traffic access
and circulation, including separation of pedestrian from vehicular
traffic, walkway structures, control of intersections with vehicular
traffic and pedestrian convenience, including handicapped access.
(3)
Location, arrangement, appearance and sufficiency
of off-street parking spaces and loading areas.
(4)
Location, arrangement, size, design and general compatibility
of buildings, uses, lighting and signs with other buildings and uses
on and in the neighborhood of the site.
(5)
Adequacy of architectural and plant screening and
buffer areas, including the adequacy, type and arrangement of plant
materials (to include trees, shrubs and other landscaping) constituting
a visual-screening and noise-deterring buffer between the proposed
use and adjoining uses or properties and the manner in which new and
existing plant material will contribute to the stated purpose and
development of the buffer.
(6)
In the case of a multiple dwelling, the adequacy of
usable open space for playgrounds and informal recreation.
(7)
Adequacy of stormwater and sanitary waste disposal
facilities.
(8)
Protection of existing natural and landscaping features.
(9)
Protection of adjacent properties against noise, glare,
unsightliness or other objectionable features.
(10)
Adequacy of water supply facilities.
(11)
Overall impact on the neighborhood, including compatibility
of design considerations.
(12)
Conformance with the current Village Comprehensive
Zoning Plan.
(13)
Adequacy of overall plan in minimizing harmful effects
upon the environment.
E.
Planning Board action on site plan.
(1)
Within 90 days of the date of determination of a completed
application by the Planning Board, the Planning Board shall recommend
approval, approval with modifications or disapproval of the site plan,
except that where a public hearing is deemed necessary, the decision
and recommendation on the site plan shall be made within 90 days after
the closing of the record of the public hearing. The time period in
which the Planning Board must render its decision and recommendation
may be extended by the Planning Board. The failure of the Planning
Board or any other reviewing agency to make a determination within
any formal time period shall be deemed a disapproval or recommendation
of disapproval of the application.
(2)
The decision and recommendation of the Planning Board
shall be forwarded to the Village Board of Trustees.
(3)
In the event that the Planning Board determines that
a site plan involves a need for a variance or special permit, the
application shall be deferred by the Planning Board so that the applicant
may make application to the Zoning Board of Appeals or the Board of
Trustees as appropriate. Where the Planning Board has deferred site
plan approval on these grounds, the Planning Board shall convey any
information or documents which it deems appropriate to the Zoning
Board of Appeals or the Board of Trustees, with respect to the variance
or special permit requested, and the Planning Board may convey any
opinions or recommendations which it may have with respect to the
application. If the Zoning Board of Appeals or the Board of Trustees
grants the variances or special permits, the applicant may resume
the process to obtain site plan approval. The Board of Trustees may
request a final recommendation from the Planning Board concerning
an application for a special permit so that the special permit application
may be consolidated or combined with final site plan review by the
Board of Trustees.
A.
The Village Board of Trustees shall review all site
plan actions and recommendations by the Planning Board and shall independently
approve, approve with modifications or disapprove site plans based
on the factors set forth in this chapter or any other factors deemed
appropriate. Such action shall be taken within 90 days of the date
of receipt by the Board of Trustees of the recommendations of the
Planning Board and the application has been determined to be complete
by the Board of Trustees. The Board of Trustees may extend this time
for one additional ninety-day-period.
B.
For purposes of this section, an application shall
not be deemed complete until all final actions shall have been taken
pursuant to this chapter. The failure of the Board of Trustees to
act within any stated time period or any extension of such period
shall be deemed a disapproval of the application.
C.
A stormwater pollution prevention plan consistent with the requirements of Chapter 164 of this Code shall be required for site plan approval. The stormwater pollution prevention plan shall meet the performance and design criteria and standards in Chapter 164 of this Code. The approved site plan shall be consistent with the provisions of this Code.
[Added 12-8-2007 by L.L. No. 13-2007]
The Planning Board and/or Village Board of Trustees
and/or Zoning Board of Appeals may conduct a public hearing on the
site plan if a majority of the members of any such board deem that
such a hearing is in the public interest. The applicant shall provide
evidence at the hearing that all record landowners within a three-hundred-foot
radius of the proposed project, as said record owners appear on the
most current tax rolls of the Nassau County Assessor's office, were
notified by mail not less than 10 days nor more than 30 days before
the public hearing. No hearing before any other board shall diminish
the authority of the Board of Trustees to conduct a public hearing.
No building permit shall be issued pursuant
to the provisions of this chapter until all expenses incurred by the
Planning Board and Board of Trustees for consultation fees (including,
but not limited to, engineering, architectural and legal expenses)
or other extraordinary expenses in connection with the review of a
site plan are reimbursed to the Village by the applicant. At the time
of application, the applicant shall deposit with the Village Clerk
such amount to cover consultation fees and extraordinary expenses
as shall be established, from time to time, by resolution of the Board
of Trustees. In instances where such expenses are minimal, the requirement
for reimbursement of expenses may be waived by resolution of the Board
of Trustees.
A.
During the site plan review process, the Planning
Board and the Board of Trustees may consult with Village officials,
officials of other governments or agencies and professional consultants.
B.
Integration of procedures. Whenever the circumstances
of proposed development require compliance with this chapter and with
any other local law, chapter or requirement of the Village, the Planning
Board shall attempt to integrate, as appropriate, site plan review
as required by this chapter with the procedural and submission requirements
for such other compliance.
C.
State Environmental Quality Review Act (SEQR). SEQR
shall apply to applications and improvements authorized by this chapter.
The Village Board of Trustees shall act as lead agency for any action
pursuant to this chapter. An environmental impact statement shall
be required after the finding of a positive declaration. No final
action shall be taken by the Planning Board or Village Board of Trustees
until the provisions of SEQR shall be satisfied.
D.
Referral of site plan to Nassau County Planning Commission.
Where required by the General Municipal Law, the site plan application
shall be forwarded to the Nassau County Planning Commission for its
review. No final action shall be taken by the Village Board of Trustees
until the Nassau County Planning Commission has issued its report.
A.
Waivers. Where the Planning Board finds that extraordinary
and unnecessary hardships may result from strict compliance with this
chapter, it may vary or waive the provisions hereof so that substantial
justice may be done and the public interest secured. Such waiver shall
not have the effect of nullifying the intent and purpose of the current
Village Comprehensive Zoning Plan or any of the other requirements
of this chapter. At the time of such waiver, the Planning Board shall
make findings, to be recorded in the official minutes of the Planning
Board, outlining the reasons for such waiver. No waiver so granted
shall be binding upon the Board of Trustees.
B.
An applicant may, in cases of hardship, apply directly
to the Board of Trustees for a waiver of the provisions of this chapter.
The Board of Trustees, for good cause shown, may direct that an application
be submitted directly to itself.
In connection with its site plan review, the
Board of Trustees may require a performance bond in an amount it shall
determine to insure that upon completion of the project all the public
improvements shown on the site plan are completed and furthermore
to ensure that, in the event that the project is abandoned, the project
is either completed or the site is restored to the condition which
existed prior to the commencement of the project. The project shall
be deemed abandoned if no substantial construction is performed on
the site for a period of one year or the site plan approval has expired.
The Board of Trustees may also require documentary demonstration to
its satisfaction of the financial responsibility of the applicant
to complete the project.
Site plan approval shall automatically terminate
one year after the same is granted by the Village Board of Trustees
unless a building permit has been issued and there is physical evidence
to demonstrate that substantial construction has taken place and is
continuing. Upon application to the Village Board of Trustees, the
site plan approval may be extended for additional one-year periods,
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.
This chapter shall supersede the provisions
of § 4-412 and Article 7 of the Village Law of the State
of New York, as amended, to the extent that such provisions conflict
with or are contrary to the provisions of this chapter.
Applicant shall be required to pay the fees
and deposits as same shall be set by resolution of the Board of Trustees
from time to time. The payment of any fee or deposit in connection
with an application shall be a condition precedent to the acceptance
of any application.
[Added 12-8-2007 by L.L. No. 14-2007]
A.
A stormwater pollution prevention plan (SWPPP) consistent with the requirements of Chapter 164 of this Code shall be required for preliminary subdivision plat approval. The SWPPP shall meet the performance and design criteria and standards in Chapter 164. The approved preliminary subdivision plat shall be consistent with the provisions of this Code.
B.
A stormwater pollution prevention plan (SWPPP) consistent with the requirements of Chapter 164 of this Code and with the terms of preliminary approval shall be required for final subdivision plat approval. The SWPPP shall meet the performance and design criteria and standards in § 164-7. The approved final subdivision plat shall be consistent with the provisions of this Code.
