[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.
(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.
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.
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]
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.
(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.
B.
Subdivisions.
(1)
(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)
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.
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]
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.
