[HISTORY: Adopted by the Board of Trustees of the Village of Manorhaven
6-27-2001 by L.L. No. 10-2001. Amendments noted where applicable.]
A.
Purpose and policy. It is the purpose of this chapter
to preserve and promote the character, appearance and aesthetics of the village
by providing procedures for architectural review of real property within the
village, including, without limitation, the exterior of new construction,
gates, entrance piers, fences, alterations, landscaping (except routine maintenance),
lighting and screening, signs, site development, design or construction changes
relating to structural profile, elevation, footprint, previously submitted
plan or permit, whether issued or pending, and by requiring architectural
permits for same, to achieve the following:
(1)
Encourage good qualities of building design and site
development, and relate such design and appearances to the sites and surrounding
of the structures.
(2)
Preserve the prevailing aesthetic character of the neighborhood
and countryside and maintain the same by means of complementary structures
and site enhancements, placing particular emphasis on the historic nautical
character of the village.
(3)
Permit and encourage originality and resourcefulness
in building design, landscaping, screening 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 the 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.
(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.
Legislative findings. The Board of Trustees hereby finds
that:
(1)
Structures that are visually offensive or inappropriate
by reason of poor exterior design, monotonous similarity or striking visual
discord or dissimilarity in relation to their site or surroundings mar the
appearances of their areas and adversely affect the desirability of the immediate
area and the neighboring area.
(2)
Such structures discourage and prevent the most appropriate
development and utilization of land throughout the village.
(3)
Such structures impair the use, enjoyment, desirability
and stability of improved and unimproved property and are detrimental to the
character of neighborhoods, produce a degeneration of the values of real property
with attendant deterioration of conditions affecting the functioning, economic
stability, prosperity, health, safety and morals of inhabitants of the village
and undermine the proper relationship between the taxable value of real property
and the cost of municipal services provided therefor.
C.
Legislative purpose. It is the purpose of this chapter
to prevent these and other harmful effects and thus to promote the health,
safety, morals and general welfare of the community.
A.
Creation, selection and organization.
(1)
The Mayor, with approval of the Board of Trustees, shall
appoint an Architectural Review Board consisting of five members, each of
whom shall be appointed to five-year terms, except that upon the initial formation
of the Board, one member shall be appointed for a term of one official year,
one member shall be appointed for a term of two official years, one member
shall be appointed for a term of three official years, one member shall be
appointed for a term of four official years and one member shall be appointed
for a term of five official years. The Mayor may designate a Trustee to be
a nonvoting liaison to the Board. The Mayor, with approval of the Board of
Trustees, shall fill for the unexpired term any vacant seat on the Board.
(2)
The Mayor, with approval of the Board of Trustees, may
appoint one or two alternate members to the Board, who shall have the same
duties as the regular members, except that an alternate member shall sit only
when one of the regular members is unavoidably absent or recuses himself/herself
due to conflict of interest or an appearance of same.
(3)
A majority of the members of the Board shall be residents
of the village, and all members shall be residents of the Town of North Hempstead.
They shall be persons qualified by training or experience in architecture,
land development, community planning, real estate, landscape architecture
or other relevant business or profession to determine the effects of a proposed
building or structure (including additions or exterior alterations thereto),
a group of buildings or structures or plan of building development, on the
desirability, property values and development of surrounding areas on the
development of the village as a whole. The Mayor, with approval of the Board
of Trustees, may require training of the Board members.
(4)
The Mayor, with the approval of the Board of Trustees,
at the annual organizational meeting, shall appoint a Chair and Vice Chair
of the Architectural Review Board to one-year terms.
(5)
The village may compensate Board members and alternate
members through budgetary appropriations, and may employ a clerk as necessary,
and pay for such services and such other expenses as may be necessary and
proper, including training of Board members.
(6)
A member of the Architectural Review Board may simultaneously
serve as a member of the Planning Board or Waterways Committee.
(7)
The Board of Trustees shall have the power, by a majority
vote of its members, to remove any member of the Board, with or without cause,
prior to the expiration of his/her term.
(8)
The Superintendent of Buildings shall act as technical
adviser to the Board and shall not have a vote.
B.
Powers and duties.
(1)
The Board shall have the duty to review and approve,
approve with conditions, or reject and withhold approval until specific requirements
are satisfied, the following applications:
(a)
Applications for building permits for construction of
a new building or enclosed structure;
(b)
Applications for permits for alteration or reconstruction
of the exterior of an existing building or enclosed structure where such alteration
or reconstruction exceeds 20% of the square footage of the existing building
or enclosed structure;
(c)
Applications for permits for alteration or reconstruction
affecting the facade of a structure that faces a street;
(d)
Applications for permits for signs;
(e)
Applications for site development; and
(f)
Proposed landscaping, screening, fences, gates and entrance
piers in connection with any of the above applications.
(2)
The Chairman or, in his/her absence, the Vice Chairman
may administer oaths and compel the attendance of witnesses.
(3)
The Board shall have the duty to adopt rules and regulations
consistent with the provisions of this chapter, governing its procedures and
the transaction of its business, and shall have the power to amend and repeal
those rules. Any such rules, regulations, amendments, etc., shall take effect
upon their ratification by the Board of Trustees.
(5)
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.
Such records shall be retained in accordance with the latest issue of Records
Retention and Distribution Schedule MU-1.
(6)
The Board shall meet monthly, or on the call of the Chairman,
or in his/her absence the Vice Chairman, or at such times that a majority
of the Board shall determine, but in any event shall meet within 20 days of
the date of any application referred to it under this chapter. The meetings
of the Board shall be open to the public. A majority of the Board shall constitute
a quorum for the transaction of business.
(7)
The Village Clerk shall give written notice of the first
meeting of the Board at which plans for building or changes to a site shall
be considered, to all owners of property within 100 feet of all property lines
of such site by mailing written notice addressed to such property owners at
least seven days prior to the date of such meeting, and shall post a notice
of such meeting on the village's bulletin boards.
(8)
Approval of any plans shall be effected by at least three
members signing the plans on which the architect's or professional engineer's
signed seal appears, and the notation shall be made on the plan, "Approved
Plan."
(9)
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.
A.
The Architectural Review Board may approve an application
upon finding that the purpose 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 or 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 or general welfare of the entire community.
B.
In considering an application, the Board shall take into
account the natural features of the site and surroundings, the community's
maritime character, exterior design and appearances of existing structures
and topography, screening from roadways 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.
C.
In approving an application, the Board may impose appropriate
conditions and safeguards designed to prevent the harmful effects set forth
herein and may prescribe such appropriate conditions and safeguards as may
be required in order that the result of its action shall, to the maximum extent
possible, further the expressed intent of this chapter and the accomplishment
of the goals and objectives of this chapter.
D.
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 purpose 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 herein.
A.
Every application for a permit listed in § 29-2B(1) shall be referred by the Superintendent of Buildings to the Board within five days of the date he/she receives the application, provided that it conforms in all respects to all other applicable laws and ordinances, including but not limited to any required approvals from the Planning Board.
B.
Prior to the issuance of a permit, the applicant shall
file with the Board a copy of the plans for the proposed structure.
C.
Prior to the issuance of a permit for a sign, the applicant
shall file with the Board a copy of the plans for such sign showing the dimensions
thereof, and a color rendering thereof. Such plans shall also set forth the
dimensions of the building or structure upon which the sign is to be placed
so that the relationship between the sign and the building or structure may
be accurately determined. If the sign is detached, such plans shall show the
distances between the sign and the nearest building or structure and the dimensions
of such building or structure so that the Board can determine the relationship
between the proposed detached sign and such building or structure.
D.
A preliminary conference may be held between the Board
and the applicant prior to the preparation and submission of a formal application.
The intent of such a conference is to enable the applicant to inform the Board
of its proposal prior to the preparation of a detailed submission and to provide
it 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 in the formal submission.
E.
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 seven days prior to its next regularly scheduled meeting:
(1)
Final revised plans, signed by the owner and containing
the signed seal of a licensed architect or professional engineer. Printed
upon or appended to this set of plans shall be agreed-upon specifications
in regard to building materials and other materials pertinent to the exterior
design of the structure.
(2)
Said plans shall show all elevations of new structures
or buildings and, in the case of reconstruction, alterations or additions,
shall show all affected elevations.
(3)
An overall plan for proposed landscaping in regard to
the site location of the subject structure or building will be required if
the landscaping causes the alteration of the existing topography of the land
or other environmental features which would adversely impact neighboring structures
or the overall preexisting appearance of the neighborhood.
F.
Final approved maps or plans, materials and specifications
may not be altered in any way without the express prior approval of the Board.
(1)
Any requested changes of the approved plans or maps shall
be submitted for review at least seven 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 by the Board is granted.
(2)
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 the Board approves amended plans or maps.
(3)
The Board of Trustees, by means of injunction, may also
enforce this section. If the village proceeds by injunction and is successful,
the defendant shall pay engineering fees, reasonable attorney's fees and other
relevant fees, such as expert witness fees.
The Superintendent of Buildings shall issue the permit applied for if
the application for permit has been approved by at least a majority of the
Board. However, if within 90 days after the date on which an application has
been filed, or within such longer period as may have been consented to by
the applicant, the Board has not disapproved same, the Superintendent of Buildings
shall issue the permit applied for if the same conforms to the provisions
of all other applicable laws and ordinances.
Every subdivision plat filed with the Board of Trustees shall be referred
to the Board within 30 days after the date on which the same was fully filed,
and the Board shall, within 90 days after said date of filing, report its
recommendations thereon, if any, to the Board of Trustees. In considering
any such plat, the Board may require the proposed developer of the land covered
by the plat to submit a plan of proposed building development, including drawings
showing the designs of the exterior appearance of all proposed buildings and
structures.
A.
The Board shall establish procedures for the identification
and designation of possible historic districts and landmarks of special importance
to the village because of their importance in events of village history, their
association with the lives of persons significant to the village, their importance
as examples of art or craftsmanship or architecture characteristic of a past
period in the village's development or their capacity to have yielded or their
likelihood to yield information important to history in and around the village.
Once the Board has identified a structure it deems suitable for designation
as an historic landmark or an area suitable for designation as an historic
district, it shall report its recommendation, together with its reasons therefor,
to the Planning Board.
B.
The Board shall also:
(1)
Formulate recommendations concerning the establishment
of an appropriate system of markers for selected historic and/or architectural
sites and buildings, including proposals for the installation and care of
such historic markers;
(2)
Formulate recommendations concerning the preparation
and publication of maps, brochures and descriptive material about the village's
historic and/or architecturally significant sites and buildings; and
(3)
Cooperate with and advise the Board of Trustees, the
Planning Board and other village agencies in matters involving historically
and/or architecturally significant sites and buildings, such as appropriate
land usage, parking facilities and signs, as well as adherence to zoning regulations
with respect to lot dimensions and minimum structural standards.
Any applicant aggrieved by the action of the Board in disapproving an
application, and of the denial of a building permit, sign permit, etc., because
of such disapproval, may request, within 30 days of the filing of the disapproval
by the Board, 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 office of the Village Clerk, 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
response. If the application is disapproved after such reconsideration, the
applicant may appeal to the Board of Zoning Appeals, in accordance with its
rules, within 30 days after the filing in the office of the Village Clerk
the decision of the Board after reconsideration.
Fees shall be as adopted by resolution of the Board of Trustees from
time to time.
A.
No person, firm or corporation shall construct, reconstruct
or alter any building within the limits of the village if the building permit
application for such work has been referred to the Board for its approval
unless and until said Board has approved such application and a building permit
has been issued therefor by the Superintendent of Buildings.
B.
Each violation of this chapter shall be punishable by
a fine of not more than $250, 15 days' imprisonment, or both, and a separate
offense shall be deemed committed on each day during or on which a violation
occurs or continues. In addition to such fine, the violator shall pay all
costs and expenses incurred by the village in prosecuting such violation.
