Notice of determination. For each application
referred to the Board, a notice of approval, approval with conditions,
or disapproval shall be issued within 30 days from the date the public
hearing is closed or, if the application is determined by the Board
not to warrant a public hearing, from the date of the Board meeting
at which the application review is completed. All decisions shall
be in writing, signed by the Chair and filed with the Village Clerk
and shall comply with the following:
B.
All findings and decisions shall be based upon the
evidence presented to the Board, which shall issue a reasoned decision
that balances the benefit and degree of compliance with the burden
upon the property owner. It is intended that the Board's decision
be reasonable and appropriate without causing a substantial negative
economic impact upon the property owner when compared to viable alternatives.
In addition, the Board's decision shall cite evidence to demonstrate
that the determination is not based on personal preference as to taste
or choice of architectural style.
C.
Decisions based solely on impacts to landmarks shall
not be binding. The Board may propose economic aid such as a tax abatement
as incentive for the applicant to accept recommendations made related
to landmark protection or preservation, and to ameliorate any practical
difficulties or adverse impacts associated with implementing such
recommendations. Any agreement reached between the Board and the applicant
on an economic incentive shall be subject to the approval and action
of the Board of Trustees.
A.
Remedies. Applicants for projects that are subject to site plan review who are aggrieved by a decision of the Board and/or of the Building Inspector in denying a building permit solely by reason of the Board's decision, may appeal to the Planning Board, which is hereby granted power to hear and determine all such appeals in accordance with the standard of review set forth in Subsection B herein and in accordance with the procedures set forth in Subsection C herein. Such appeals must be taken within 60 days after filing of the Board decision with the Village Clerk or, if applicable, within 60 days after the denial of a building permit application by the Building Inspector, whichever is later, provided that under no circumstances shall the time to appeal exceed 120 days from the filing of the Board decision appealed from.
B.
Standard of review. In reviewing a decision of the
Board, the Planning Board shall apply the same standard of review
applicable to New York Civil Practice Law and Rules Article 78 proceedings
that challenge determinations of municipal planning boards and boards
of zoning appeals.
C.
Procedure on appeal.
(1)
An applicant must file a written statement entitled
"Notice of Appeal to Planning Board from decision of the Board of
Architectural and Historic Review" with a statement of the grounds
for the appeal with the Village Clerk, with copies to the Planning
Board and Board of Architectural and Historic Review. Upon receipt
of the notice of appeal, the Board of Architectural and Historic Review
shall forward its original file to the Planning Board to be maintained
by said Board as its permanent record. Upon receipt of the notice
of appeal, the Planning Board Chair shall establish a schedule by
which the applicant shall submit its written statement in support
of the appeal with references to the record before the Board of Architectural
and Historic Review and any interested persons my file a response
thereto. Within 10 days of receipt of notice of the schedule for submissions,
the applicant shall cause a copy of said notice of appeal and the
schedule for submissions to be mailed by regular mail to all property
owners located within 500 feet of the property lines of the subject
property. Said mailing shall consist of two mailings, one addressed
only to "Occupant" and the other addressed to the name(s) of the property
owner(s), if known. The Planning Board Chair shall have discretion
to extend the applicant's time for filing its submission, provided
that written notice of said revised schedule shall be mailed to property
owners as provided in this Subsection, giving at least 20 days' notice
of any change in the time by which interested parties are required
to submit written responses. Written notice is only required to be
sent to properties located within the boundaries of the Incorporated
Village of Northport.
(2)
The Planning Board Chair shall determine the number
of copies of the notices and submissions provided for herein that
must be filed either in support or in opposition to the appeal. Copies
of the entire Planning Board file on the appeal, including all submissions,
shall be made available to the public upon request.
(3)
The Planning Board is confined to the evidentiary
record that was considered by the Board of Architectural and Historic
Review and shall not accept or consider any new evidence of any kind.
The Planning Board shall not conduct an evidentiary hearing and may,
in its sole discretion, permit the applicant and any interested parties
to present an oral argument of their position.
(4)
The Planning Board is required to render its decision
on the appeal no later than 90 days from the date of filing of the
notice of appeal. Said determination must be a reasoned decision in
writing and must be filed with the Village Clerk with copies mailed
to the applicant and any interested person who submitted any written
arguments to the Planning Board as part of the appeal process. In
its decision, the Planning Board may grant or deny the appeal, in
whole or in part. In the event any portion of the appeal is granted,
the Planning Board shall remand that portion of the application to
the Board of Architectural and Historic Review for further review
and decision not inconsistent with the Planning Board determination.
(5)
Any aggrieved party may appeal the decision of the
Planning Board pursuant to Article 78 of the New York Civil Practice
Law and Rules by filing said appeal within 30 days of the filing of
the Planning Board decision with the Village Clerk.
D.
Applicants for projects that are not subject to site
plan review who are aggrieved by a decision of the Board and/or of
the Building Inspector in denying a building permit solely by reason
of the Board's decision, may appeal the Board's decision pursuant
to Article 78 of the New York Civil Practice Law and Rules. The time
to take the appeal is governed by the applicable statute of limitations
as set forth in the New York Civil Practice Law and Rules and shall
commence upon the filing of the Board's decision in the office of
the Village Clerk.
A.
No person, firm or corporation shall construct, reconstruct
or alter any building within the limits of the Village of Northport
if the building permit application for such work has been referred
to the Board of Architectural and Historic Review for its approval
unless and until said Board has approved such application and a building
permit has been issued by the Code Compliance Director.
B.
Each violation of this chapter shall be punishable
by a fine of not more than $1,000, 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 proving such violation.
C.
The Building Inspector or any other enforcement officer
of the Village of Northport may place a stop-work-order on any violation
discovered during the construction/building process. The Building
Inspector or any other enforcement officer of the Village may at any
time refuse to issue, or revoke, a certificate of occupancy for the
building or other improvements constructed or being constructed on
the site in violation of this chapter until the applicant or other
responsible person has taken the remedial measures set forth in the
notice of violation or has otherwise cured the violations described
therein.
All applications to the Board shall be accompanied by a fee as established by the Village Board, and set forth from time to time by resolution in § 147. The Board shall assess fees to the applicant in compliance with § 147-4.
