Village of Sea Cliff, NY
Nassau County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Sea Cliff 10-1-1979, effective 11-4-1979. Amendments noted where applicable.]
GENERAL REFERENCES
Official Village newspaper — See Ch. 21.
Architectural design review — See Ch. 38.
Building construction administration — See Ch. 48.
Environmental quality review — See Ch. 60.
Site plan review — See Ch. 107.
Subdivision of land — See Ch. 112.
Zoning — See Ch. 138.
Schedule of fees — See Ch. A142.
Rules and regulations of the Planning Board — See Ch. A145.
Public access to records — See Ch. A148.
Rules and regulations of the Zoning Board of Appeals — See Ch. A150.
A. 
Public meetings: meetings for the purpose of conducting official business of the Board, which are open to the public.
B. 
Executive sessions.
(1) 
Executive sessions may be convened pursuant to law for action on the following types of matters:[1]
(a) 
Matters which would imperil the public safety if disclosed.
(b) 
Matters which might disclose the identity of a law enforcement agent or informer.
(c) 
Information relating to current or future investigation or prosecution of a criminal offense which would imperil effective law enforcement if disclosed.
(d) 
Discussions regarding proposed, pending or current litigation.
(e) 
Collective negotiations pursuant to the Civil Service Law.[2]
[2]
Editor's Note: See Civil Service Law, Article 14.
(f) 
The medical, financial, credit or employment history of any person or corporation, or matters leading to the appointment, employment, promotion, demotion, discipline, suspension, dismissal or removal of any person or corporation by the Board.
(g) 
The preparation, grading or administration of examinations.
(h) 
The proposed acquisition, sale or lease of real property, but only when publicity would substantially affect the value of the property.
[1]
Editor's Note: See Public Officers Law, Article 7.
(2) 
A motion calling for an executive session must identify the general subject to be considered at that session. Such motion must be adopted by a majority vote of the Board taken at a meeting which is open to the public.
(3) 
Attendance at executive sessions shall be permitted only to the members of the Board, their designated representatives, invited members of the Village staff and other persons authorized by the Board.
C. 
Such other types of meetings as shall be determined to be necessary from time to time by majority vote of the Board or at the call of the Chairman.
A. 
Meetings shall be held at the Community Center at 8:00 p.m. on the second and fourth Monday of each month and at such other dates, places and times as the Board may, by majority vote, determine.
B. 
In any case where approval by the Zoning Board of Appeals[1] or the Planning Board[2] shall also be required, the approval required under this chapter may be granted prior thereto.[3] However, the Building Inspector shall not issue a building permit until final decisions have been made by the Zoning Board of Appeals and the Planning Board, as applicable, and there has been compliance with all applicable provisions of this Code.
[1]
Editor's Note: See Ch. 138, Zoning.
[2]
Editor's Note: See Ch. 107, Site Plan Review, and Ch. 112, Subdivision of Land.
[3]
Editor's Note: See Ch. 48, Building Construction Administration, for requirement to obtain a development permit (relating to construction in areas of special flood hazard) before any other permits or required approvals shall be issued.
A. 
Notice of meetings scheduled at least one week in advance, other than regularly scheduled meetings.
(1) 
Notice of meetings scheduled at least one week in advance shall be posted at least 72 hours in advance of such meetings in the office of the Village Clerk.
(2) 
Notice of meetings scheduled at least one week in advance shall be given to the official Village newspaper[1] at least 72 hours in advance of such meetings.
(a) 
When notice to the official Village newspaper is sent by mail, it shall be sent at least one week in advance of such meetings to ensure that such notice will meet the seventy-two-hour advance requirement.
(b) 
When notice to the official Village newspaper is delivered personally or is given by telephone, a form or log shall be kept in which the person providing the notice shall record the date, time and name of the representative of the news media to whom notice was provided, and shall so certify in writing.
[1]
Editor's Note: See Ch. 21, Official Village Newspaper.
B. 
Notice of meetings scheduled less than a week in advance.
(1) 
Notice of meetings scheduled less than a week in advance shall be posted as soon as practicable in the office of the Village Clerk.
(2) 
To the extent practicable, notice to the official Village newspaper shall be delivered personally or by telephone in accordance with the procedure set forth above.
C. 
Notice of regularly scheduled meetings.
(1) 
Notice of meetings that are to be held regularly at specific times and locations and on specific dates may be given by a single notice to the public and the news media annually.
(2) 
Notice of the regularly scheduled meetings shall be posted in the office of the Village Clerk.
(3) 
Notice of the regularly scheduled meetings shall be provided by mail to the official Village newspaper.
D. 
Any news media other than the official Village newspaper which request notice of meetings shall be given such notice in accordance with this section.
E. 
Designation and duties of person to provide public notice.
(1) 
Notice of meetings shall be provided to the public and the official Village newspaper by the Clerk of the Board, or, if there is none, then by the Board's Secretary.
(2) 
Whenever possible, notice of the date, time and place of meetings shall be provided to any person requesting same, whether such request is made in person, in writing or by telephone.
A. 
No vote shall be taken to approve, modify and approve, or disapprove an application at a public meeting unless a majority of the whole Board shall be present, which majority shall constitute a quorum for the transaction of official business. The vote required for the disapproval of an application shall be as follows:
Members Present
Votes Required for Disapproval
3
3
4
3
5
4
B. 
The Chairman, or in his absence the Acting Chairman, may administer oaths and compel the attendance of witnesses.
C. 
The Board shall keep minutes of its proceedings, showing the vote of each member of each question, or, if absent or failing to vote, indicating such fact, and shall keep records of all other official action.
D. 
Except as may have been hereinbefore provided, meetings shall be governed by standard parliamentary procedures.
E. 
Meetings of the Board shall be held and formal action taken thereat, only when a quorum is present. A quorum shall be a simple majority of the total number of Board members. If a quorum is present at a meeting, affirmative votes equal in number to a majority of the whole Board shall be necessary for any action to be taken, except in cases, where, by law, a larger proportion of the votes of the whole Board shall be required.
F. 
The Clerk or Secretary shall record the name of each Board member present and the manner in which such member voted (including abstentions) on each motion.[1] However, where a motion is approved or rejected by unanimous vote, it shall be sufficient to record only those members present and the fact of the unanimous vote.
[1]
Editor's Note: See Public Officers Law §§ 87 and 96.
G. 
Minutes shall be taken at all meetings of the Board which are open to the public and shall consist of a record or summary of all motions, proposals, resolutions and any other matter formally voted upon.
H. 
Minutes shall be taken at executive sessions only of actions taken by formal vote, if any, and shall consist of a record or summary of the final determination of such action. Such record or summary shall not include any matter which is not required to be made public.[2]
[2]
Editor's Note: See Public Officers Law, Article 7, and Ch. A146, Regulations Relating to Public Access to and Inspection and Copying of Public Records.
I. 
Minutes of meetings of the Board which are open to the public shall be available to the public after their approval by the Board at the next regular meeting. Minutes of executive sessions shall be available to the public within one week from the date of the executive session.[3] In the event that the Board shall not have approved such minutes of executive sessions within the one-week period, the Chairman is authorized to conditionally approve such minutes prior to public release, with such conditional approval subject to ratification by the Board at the next regular meeting.
[3]
Editor's Note: See Public Officers Law § 96.
No application shall be considered to be in final form for review by the Board of Architectural Review unless the following is submitted therewith:
A. 
Single structures or additions. Four sets of plans for the erection of single structures (i.e., not involving subdivisions and/or multiple structures) and additions or alterations to existing structures must be submitted and shall contain the following information:
(1) 
A survey showing the location of the proposed structure or addition, including all setbacks and side yard dimensions.
(2) 
The location of all garages and driveways, with garage floor elevations shown.
(3) 
The location of all retaining walls over 4.0 feet in height.
(4) 
First floor elevations, clearly indicated in relation to existing and proposed grades.
(5) 
The types of exterior materials which will be used, clearly shown on all elevators.
(6) 
In the case of alterations or additions only, plans or photographs of existing buildings on the site.
(7) 
The design of the exterior appearance of the building, showing all pertinent elevations.
(8) 
If the property is located in a special flood hazard area, a development permit issued by the Building Inspector.
B. 
Multiple structures and subdivision. Four sets of plans for the erection of multiple structures, whether in connection with a subdivision of land or otherwise, and four sets of plans for the subdivision of land must be submitted and shall contain the following information:
(1) 
The correct orientation of all structures on the plan.
(2) 
The correct indication of "North" on the site plan.
(3) 
An indication of the proposed styles (e.g., ranch, colonial, split level) of the other houses to be constructed on all adjoining and all other lots to be developed.
(4) 
A job number, keyed to the job number on the site plan.
(5) 
Existing and final contours, shown on a two-and-zero-tenths-foot interval for all grade changes in excess of 2.0 feet.
(6) 
All grade changes, carried to the lot lines.
(7) 
If any building for which a building permit is sought is one of a group of two or more buildings proposed to be constructed in the same vicinity, whether or not such buildings are to be constructed on contiguous plots, and whether or not the permits for other buildings of the group are applied for by the same applicant, said application shall be accompanied by a plan of building development for the entire group, clearly setting forth the entire site layout and the designs of the exterior appearance of all proposed buildings of the group.
(8) 
Such information as is required under Subsection A of this section, except that in the case of development or subdivision review, the applicant need not submit designs of the exterior appearances of buildings proposed to be erected in such development or subdivision at the time of initial application. However, if such designs are not submitted, the Board's review shall be advisory only, in the form of recommendations to the Planning Board,[1] and no building permit shall be issued for any structure in the proposed development or subdivision until application shall have been made for same and the Board of Architectural Review has approved or modified and approved the plans required to be submitted under Subsection A of this section.
[1]
Editor's Note: See § A141-6B of this chapter.
(9) 
If the property is located in a special flood hazard area, a development permit issued by the Building Inspector.
C. 
All plans shall be drawn to a scale of 1/4 inch to one foot.
D. 
Where to file papers. All plans and information required to be submitted shall be filed in the office of the Village Clerk.
E. 
Notice to other boards. The Village Clerk shall, upon receipt of the plans and other information, forward copies of same to the Chairman of the Zoning Board of Appeals, Environmental Conservation Commission and Planning Board for review and comment.
A. 
Building permits.
(1) 
All applications for building permits involving the exterior appearance of buildings, duly filed with the Building Inspector shall be referred by him to the Board of Architectural Review within 10 days of filing for review in accordance with Chapter 38 and these rules and regulations.
(2) 
Within 60 days following receipt of the building permit application in proper order and in final form for review,[1] the Board of Architectural Review shall hold a meeting thereon. If within 60 days following the date of the final meeting thereon the Board has not disapproved the application, or if within 60 days after the receipt of the application in proper order and in final form for review the Board has not held a meeting thereon and disapproved the same or within such longer period as may have been consented to by the applicant the Board has not disapproved the application, the application shall be deemed approved.
[1]
Editor's Note: See § A141-5 of this chapter.
B. 
Subdivisions.
(1) 
All applications for the development or subdivision of land[2] duly filed with the Village Clerk shall be referred by the Village Clerk to the Board of Architectural Review within 10 days of filing for review in accordance with Chapter 38 and these rules and regulations.
[2]
Editor's Note: See Ch. 112, Subdivision of Land.
(2) 
Within 30 days following receipt of the subdivision application in proper order and in final form for review,[3] the Board of Architectural Review shall hold a meeting thereon and shall report its recommendations, if any, to the Planning Board. The recommendations of the Board of Architectural Review shall be advisory only, and shall not be considered to be an approval of the exterior design of any building or buildings proposed to be erected in such development or subdivision.
[3]
Editor's Note: See § A141-5 of this chapter.
(3) 
The provisions of Subsection B(2) of this section notwithstanding, if an application for the development or subdivision of land includes designs of the exterior appearances of buildings proposed to be erected in such development or subdivision and all other information required to be submitted,[4] the Board of Architectural Review shall then proceed in accordance with the procedures set forth in Subsection A of this section and shall approve, modify and approve, or disapprove the application. When such an application is approved, or modified and approved, the Building Inspector shall, at any time within two years after such approval and provided that there has been compliance with all applicable laws and, provisions of this Code, on application of the developer or his authorized agent, issue permits for the erection of buildings conforming to such approved building designs, including any modification thereto, without further referring the application to the Board of Architectural Review.
[4]
Editor's Note: See § A141-5 of this chapter.
C. 
In any case where the application indicates that the property is in a special flood hazard area,[5] the foregoing provisions of this section shall not initially apply, and no further action shall be taken on the application until a development permit indicating compliance with flood hazard reduction provisions is obtained. Upon issuance of a development permit, the foregoing provisions of this section shall then apply. Failure to obtain a development permit shall preclude any further action on an application under this or any other chapter of this Code.[6]
[5]
Editor's Note: See Ch. 48, Building Construction Administration, which relates to flood damage protection.
[6]
Editor's Note: See Ch. 48, Building Construction Administration, for requirement to obtain a development permit (relating to construction in areas of special flood hazard) before any other permits or required approvals shall be issued.
These rules and regulations may be amended by the Board at any public meeting, provided that notice of such proposed amendment and a copy of same has been given by the Chairman in writing to each member of the Board not less than five days prior to such meeting. Such amendments shall not become effective until approved by resolution of the Village Board of Trustees, duly adopted.