Malverne City Zoning Code
ARTICLE VII
Architectural and Site Plan Review
§ 600-7.0 Policy and findings.
A.
It is the purpose of this article to preserve and promote the character and appearance and conserve the property values of the Village; to encourage good qualities of exterior building design and good appearances and to relate such design and appearances to the site and surrounding structures; to permit originality and resourcefulness in building design and appearances which are appropriate to the sites and surroundings; to prevent such design and appearances as are unnecessarily offensive to visual sensibilities; to discourage and prohibit structures which are visually offensive or inappropriate by reason of poor qualities of exterior design, monotonous similarity or striking visual discord in relation to their sites or surroundings, mar the appearances of the surrounding area, impair the use, enjoyment and desirability and reduce the values of properties, are detrimental to the character of neighborhoods, prevent the most appropriate development and utilization of land, and therefore adversely affect the functioning, economic stability, prosperity, health, safety and general welfare of the entire community.
B.
It is also the purpose of this article to promote the health, safety and general welfare of the Village through the process of site plan review, reviewing the arrangement, layout, use, relationships and impacts of sites intended for development or redevelopment.
§ 600-7.1 Creation of Board.
There is hereby created a Board of Architectural and Site Plan Review, which shall consist of the Board of Trustees. All members of the Board shall be residents of the Village.
§ 600-7.2 Procedures of Board.
A.
Meeting of the Board of Architectural and Site Plan Review shall be held at the call of the Chairman and at such other times as the Board shall determine. The Board may hold a public hearing when it deems the same to be in the public interest. A majority of the Board shall constitute a quorum for the transaction of business. The Board shall keep minutes of its proceedings, showing the vote of each member upon each question or, if absent or failing to vote, indicating such fact, and shall also keep copies of its examinations and other official actions. The Board shall have power from time to time to adopt, amend and repeal rules and regulations, not inconsistent with law or other provisions of this chapter, governing its procedure and the transaction of its business, and for the purpose of carrying into effect the standards outlined herein. Such action shall be taken after public hearing and shall be subject to the approval of the Board of Trustees.
B.
To avoid delays in the final review and approval process, applicants may first apply for a preliminary conference. A preliminary conference may be held with the Board of Architectural and Site Plan Review and the applicant prior to the preparation and submission of a final design submission. The purpose of such a conference is to enable the applicant to inform the Board of Architectural and Site Plan Review of his/her proposal prior to the preparation of a detailed design submission and to provide the Board of Architectural and Site Plan Review 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 final submission to the Board of Architectural and Site Plan Review for approval. Preliminary conferences with the Board of Architectural and Site Plan Review are available to all applicants, provided applicants comply with the procedures indicated above.
§ 600-7.3 Architectural and site plan approval required.
A.
No building permit shall be issued without site plan and architectural review approval for:
(1)
Any new building or structure;
(2)
Any exterior alteration to a commercial property, including any alterations made from the exterior facade of the commercial building to the property line;
(3)
Any alteration to the exterior of a residential building or structure; or
(4)
Any new or altered land use activities.
B.
Application; contents. An application for site plan or architectural review approval shall be made, in writing, to the Superintendent of Buildings. The Board of Architectural and Site Plan Review shall review all site plan and architectural review applications. Site plans shall be prepared by a licensed design professional or licensed surveyor. The applicant for architectural and site plan approval shall submit the following information and provide the number of copies specified by the Superintendent of Buildings:
(1)
Original photographs of the site and adjacent areas and structures sufficient to provide adequate representation thereof.
(2)
Samples of exterior building materials and finishes and color palette for painted surfaces.
(3)
Detailed drawings of decorative elements.
(4)
The location, size, design and type of construction of all proposed signs.
(5)
Sectional drawings to explain the character of the design.
(6)
Complete and accurate exterior elevations of all facades, drawn at a scale adequate to show clearly the appearance of all proposed buildings and structures.
(7)
A scale model detailed to the degree deemed necessary by the Board.
(8)
An area map showing the applicant's entire holding, that portion of the applicant's property under consideration and all properties, subdivisions, streets, easements, deed restrictions and areas dedicated to public use within 200 feet of the applicant's property, upon the discretion of the Superintendent of Buildings.[1]
(9)
A map of site topography at two-foot contour intervals.
(10)
The title of the drawing, including the name and address of the applicant, the owner and the person responsible for preparation of such drawings.
(11)
A North arrow, scale and date.
(12)
Boundaries of the property plotted to scale.
(13)
Existing buildings and structures.
(14)
Existing grading and drainage plan showing existing contours, soil characteristics and watercourses and a proposed grading and drainage plan showing all drainage on site and all proposed contours, soil characteristics and watercourses.
(15)
The location, design, type of construction, proposed use and exterior dimensions of all buildings.
(16)
The location, design and type of construction of all parking spaces and loading areas, showing ingress and egress, curb cuts, the size of such spaces and areas, the width of circulation aisles and distances from property lines.
(17)
The location, design and type of construction of all pedestrian access.
(18)
An exterior lighting plan adequate to determine its character, the location and design of outdoor lighting facilities and means of illumination, and to enable review of possible hazards and disturbances to the public and adjacent properties.
(19)
The location and design of all existing and proposed site improvements, including drains, culverts, walls, fences, hedges and screen plantings and all existing trees on the subject property which have a diameter of eight inches or greater, measured 18 inches above the ground.
(20)
A description of the method of public water supply and sewage disposal and the location of such facilities.
(21)
The location of fire and other emergency zones, including the location of fire hydrants.
(22)
The location and design of all utilities, including electrical, gas and solar energy, telephone and cable television.
(23)
The location and proposed development of all buffer areas, including existing vegetative cover.
(24)
Identification of the location and amount of building area proposed for each intended use, including storage and common areas, and the location of outdoor storage, if any.
(25)
A general landscaping plan and planting schedule.
(26)
An estimated project construction schedule.
(27)
Identification of state, county, town or other agency approval or permits required for the execution of the project along with copies of all applications for such approval or permits.
(28)
Part 1 of an environmental assessment form (EAF) in accordance with the State Environmental Quality Review Act and regulations (SEQRA).
(29)
Any other item deemed to be necessary by the Superintendent of Buildings or the Board of Architectural and Site Plan Review, including but not limited to traffic studies.
C.
The Superintendent of Buildings or Board of Architectural and Site Plan Review may waive any of the required submissions in this section if it determines that one or more are not necessary for a particular proposal.
D.
If the Superintendent of Buildings determines that any variances or special use permits are required, the application may be rejected pending the application for, and approval of, the required permits or variances.
§ 600-7.4 Standards for Board action.
A.
Approval of an application shall be by a vote of at least a majority of the members of the Board of Architectural and Site Plan Review.
B.
In considering an application for a permit, the Board of Architectural and Site Plan Review shall take into account natural features of the site and surroundings, exterior design and appearances of existing structures, and the character of the district 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.
The Board of Architectural and Site Plan Review may approve any application referred to it upon finding that the building or structure for which the permit was requested, if erected or altered in accordance with this article, 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 and reduce the values of the properties in the area, would not be detrimental to the character of the neighborhood, would not prevent the most appropriate development and utilization of the site or of adjacent lands and would not adversely affect the functioning, economic stability, prosperity, health, safety and general welfare of the entire community.
D.
In approving any application, the Board of Architectural and Site Plan Review may impose appropriate conditions and safeguards designed to prevent the harmful effects as set forth in this article.
E.
The Board of Architectural and Site Plan Review may disapprove any application, provided that the Board has afforded the applicant an opportunity to confer upon suggestions for change of the plan, and provided that the Board finds and states that the structure for which the permit was requested would, if erected as indicated, provoke one or more of the harmful effects set forth herein by reason of:
(1)
Monotonous similarity to any other structure or structures located or proposed to be located on the same street or corner thereof and within 150 feet of the site of the structure for which a building permit is requested, in respect to one or more of the following features of exterior design and appearance:
(a)
Substantially identical facade;
(b)
Substantially identical size and arrangement of either doors, windows, porticos, porches or garages or other openings or breaks or extensions in the facade, including reverse arrangements; or
(c)
Other substantially identical features, such as, but not limited to, setbacks from street lines, heights, widths and lengths of element of the building design, and exterior material and treatments.
(2)
Striking dissimilarity, visual discord or inappropriateness with respect to other structures located or proposed to be located on the same street or a corner thereof and within 150 feet of the site of the structure for which a building permit is requested, in respect to one or more of the following features of exterior design and appearance:
(a)
Facade;
(b)
Size and arrangement of doors, windows, porticos, porches or garages or other openings, breaks or extensions in the facade; or
(c)
Other significant design features, such as, but not limited to, heights, widths and lengths of elements of design, exterior materials and treatments, roof structures, exposed mechanical equipment, service and storage areas, retaining walls, landscaping, signs, light posts, parking areas and fences, service and loading areas.
(3)
Visual offensiveness or other poor qualities of exterior design, including, with respect to signs, considerations of the harmony or discord of colors, or incompatibility of the proposed structure with the terrain on which it is to be located, including, but not limited to, excessive divergences of the height or levels of any part of the structure from the grade of the terrain.
(4)
Adequacy of overall plan in minimizing harmful effects upon the environment and the plan's compliance with SEQRA.
(5)
That the location and size of the use, the nature and intensity of the operations involved in or conducted in connection with it, its site layout and its relation to streets giving access to it will be hazardous or inconvenient to the residential character of the neighborhood or conflict with the normal traffic on the residential streets.
(6)
That the proposed use, site layout, location, size or operation will be objectionable to nearby dwellings by reason of noise, sights or other objectionable impacts.
(7)
That the proposed use, location, size, site layout and nature of use will not be a harmonious part of the district in which it is to be situated.
§ 600-7.5 Action by Board.
The Superintendent of Buildings shall refuse any building permit application disapproved as provided herein. If the Board of Architectural and Site Plan Review fails to render its decision on any application referred to it under the provision of this article within 90 days of the date of a completed application being received by it, the application shall be considered to have been approved. The time within which the Board of Architectural and Site Plan Review shall render its decision may be extended upon the consent of the Board and applicant. An application shall not be deemed complete for the purposes of this section unless and until the applicant has submitted all materials requested by the Board of Architectural and Site Plan Review.
§ 600-7.6 Power to modify and vary requirements.
A.
With the purpose of encouraging the most appropriate use of land throughout the Village, the Board of Trustees may vary the minimum or maximum zoning requirements set forth in this chapter so as to reduce said requirements by not more than 10% if the result of said variation will be in harmony with the character of the neighborhood and will enhance the development of the area.
B.
With the purpose of achieving the most appropriate design and site planning in furtherance of the purposes of this chapter, the Board of Trustees, in passing on any application before it, may modify the requirements of this chapter so as to permit minor encroachments on required yards by railings, bays, chimneys or other architectural details, or so as to permit minor variations with respect to the location of accessory buildings, provided that no accessory building shall in any case be permitted to encroach on any front or side yard.
C.
The reservation of parkland requirements set forth in § 600-8.9 shall be applicable to all site plan approvals. No building permit shall be used unless the Board of Architectural and Site Plan Review undertakes the study and complies with the requirements set forth in § 600-8.9 for all site plan reviews.
§ 600-7.7 Hearings.
The Board of Architectural and Site Plan Review may conduct a public hearing on the site plan if a majority of the members deem that such a hearing is in the public interest. The applicant shall provide evidence at the hearing that all record landowners within a two-hundred-foot radius of the proposed project, as said record owners appear on the most current tax rolls of the Nassau County Assessor's Office, were notified by mail not less than 15 days but no more than 25 days before the public hearing. In addition, the Village Clerk shall publish notice of the hearing not less than 10 days prior to the hearing date. No hearing before any other board shall diminish the authority of the Board of Architectural and Site Plan Review to conduct a public hearing.
§ 600-7.8 Application fees.
An applicant shall be required to pay those fees as set forth, from time to time, by resolution of the Board of Trustees.
§ 600-7.9 Reimbursement of expenses required.
All applicants under this article shall be required to pay the cost associated with engineering, environmental, architectural, legal and other consulting professionals retained by or on behalf of the Village. No architectural or site plan approval or building permit shall be issued pursuant to the provisions of this article until the applicant reimburses the Village for all such expenses. At the time of application, and throughout the review process, the Board of the Board of Trustees or the Superintendent of Buildings may require an applicant to deposit with the Village Clerk such amounts to cover such fees and expenses. In instances where such are minimal, the requirement for reimbursement of expenses may be waived by the Board of Architectural and Site Plan Review.
§ 600-7.10 Financial responsibility.
In connection with its site plan review, the Board of Architectural and Site Plan Review may require a performance bond in an amount it shall determine to ensure that upon completion of the project all the public improvements shown on the site plan are completed and furthermore to ensure that, in the event that the project is abandoned, the project is either completed or the site is restored to its condition prior to the commencement of the project. The project shall be deemed abandoned if no substantial construction is performed on the site for a period of one year and the site plan approval has expired. The Board of Architectural and Site Plan Review may also require documentary demonstration to its satisfaction of the financial responsibility of the applicant to complete the project.
§ 600-7.11 Termination of approval; extensions.
Architectural and site plan approval shall automatically terminate one year after issuance. Prior to the expiration of the one-year period, upon application and the submission of an application fee, which shall be set from time to time by resolution of the Board of Trustees, to the Superintendent of Buildings, the architectural and site plan approval may be extended for two additional six-month periods, upon good cause shown. The Board of Trustees may, upon written application, extend the architectural and site plan approval for additional one-year terms upon good cause shown. No extension shall be granted by the Board of Trustees unless the applicant has paid an extension fee in an amount set by the Board of Trustees.