Village of Manorhaven, NY
Nassau County
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Table of Contents
Table of Contents
[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.]
GENERAL REFERENCES
Building construction — See Ch. 38.
Fences — See Ch. 65.
Housing standards — See Ch. 82.
Subdivision of land — See Ch. 133.
Zoning — See Ch. 155.
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.
(4) 
The Board shall have the duty to adopt criteria and guidelines for its consideration of all applications under § 29-2B hereof, consistent with the review standards under §29-3 hereof. Any such criteria and guidelines 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.