Muttontown City Zoning Code
ARTICLE X
Site and Architectural Review Board
§ 190-48 Findings and purpose.
A.
It is the purpose of this article to preserve and promote the character, appearances and aesthetics of the Village and to maintain its property values by providing procedures for site and architectural review of the exterior of new construction. By so doing, this article will:
(1)
Encourage and maintain qualities of exterior building design, proportions and appearances and relate and complement such elements to the site and its surrounding properties and structures;
(2)
Promote originality and resourcefulness in building design, proportions and appearances which are appropriate to the site and surroundings while endeavoring to preserve the prevailing aesthetic character of the neighborhood and Village;
(3)
Promote and encourage high qualities of both architectural design and land use in the erection and construction of new structures and the refurbishing, reconstruction or alteration of existing structures;
(4)
Ensure that the design, size, material, color and siting of any proposed new structure or of any addition, alteration or reconstruction to an existing structure are in harmony with the existing topography of its site and any existing structures and their existing improvements as well as with the neighboring countryside; and
(6)
Prevent designs and exterior appearances that are unnecessarily offensive to visual sensibilities, which adversely impact on the use, enjoyment, value or desirability of neighboring properties or which adversely affect the health, safety and general welfare of the community at large.
C.
It is the purpose of this article to prevent these and other harmful effects and thus promote the health, safety, morals and general welfare of the community and preserve the unique character of the Village and its natural beauty and environs.
§ 190-49 Creation; membership; meetings; general powers and duties.
[Amended 10-18-2004 by L.L. No. 3-2004; 6-12-2007 by L.L. No. 3-2007]
A.
There is hereby created a Site and Architectural Review Board consisting of seven members to be appointed by the Mayor for a term of one year and approved by resolution of the Board of Trustees; and two alternate members appointed by the Mayor for individual terms of one year and approved by resolution of the Board of Trustees. All members and alternate members shall be property owners who are deemed qualified by experience or civic interest to further the purpose of this article.
[Amended 9-22-2020 by L.L. No. 3-2020 and L.L. No. 4-2020]
B.
A member of the Site and Architectural Review Board may be a member of the Planning Board. The alternate member or members may serve in the absence of a member or members from a meeting of the Site and Architectural Review Board.
[Amended 9-22-2020 by L.L. No. 3-2020 and L.L. No. 4-2020]
C.
The Mayor shall appoint a Chairperson and Vice Chairperson of the Site and Architectural Review Board for terms of one year, respectively.
D.
The Board of Trustees may officially designate and retain one or more registered architects to advise and take part in all deliberations of the Site and Architectural Review Board. The Board of Trustees may fix and provide for all necessary costs or expenses involved in reviewing each application, including compensation for architects and other professional and advisory services. An architect so retained shall be without vote in regard to any application unless he/she is a member of the Board.
E.
All the powers granted hereunder and all the functions and duties to be performed pursuant to the provisions of this article shall be vested in and carried out by the Planning Board until such time as the Site and Architectural Review Board has been fully appointed and constituted.
F.
Meetings of the Site and Architectural Review Board shall be held regularly at the call of the Chairperson or at such other times as the Board shall determine. The meetings of the Board shall be open to the public. The number of members of the Board, including alternate members, which shall constitute a quorum for the transaction of business is four members. The Board shall keep minutes of its proceedings and the vote of each member.
[Amended 9-22-2020 by L.L. No. 3-2020 and L.L. No. 4-2020]
G.
An application pending before the Site and Architectural Review Board shall be deemed abandoned and withdrawn by the applicant, and shall be discontinued by the Board, after a lapse of 12 months without reasonable steps having been taken by the applicant to advance the application. The Board may, within 90 days thereafter, entertain a request for reinstatement of the abandoned application based on good cause shown. Upon the discontinuance of an abandoned application, the applicant shall be entitled to receive a refund of any unexpended sums held on deposit by the Village in connection with the application, and shall be responsible for reimbursement to the Village of any reimbursable costs attributable to the application which the deposit was insufficient to satisfy.
[Amended 9-22-2020 by L.L. No. 3-2020 and L.L. No. 4-2020]
H.
All decisions of the Site and Architectural Review Board shall be filed in the office of the Village Clerk and shall be a public record.
[Amended 9-22-2020 by L.L. No. 3-2020 and L.L. No. 4-2020]
I.
Each member of the Site and Architectural Review Board shall attend, at a minimum, a majority of the Board meetings occurring during each year of the respective member's appointed term.
[Amended 9-22-2020 by L.L. No. 3-2020 and L.L. No. 4-2020]
J.
Each member of the Site and Architectural Review Board shall complete training each year to enable such members to more effectively carry out their duties. Training received by a member in excess of four hours in any one year may be carried over by the member into succeeding years in order to meet the requirements of this subdivision. Such training shall be approved by the Board of Trustees. The training required by this subdivision may be waived or modified by resolution of the Board of Trustees when, in the judgment of the Board of Trustees, it is in the best interest of the Village to do so. No decision of the Site and Architectural Review Board shall be voided or declared invalid because of a failure to comply with this subsection.
[Amended 9-22-2020 by L.L. No. 3-2020 and L.L. No. 4-2020]
K.
The Mayor shall have the power to remove, after public hearing, any member of the Site and Architectural Review Board for cause, or without cause subject to Board of Trustees approval. Any Site and Architectural Review Board member may be removed for noncompliance with the minimum requirements relating to meeting attendance or training established by this subsection.
[Amended 9-22-2020 by L.L. No. 3-2020 and L.L. No. 4-2020]
L.
A secretary to the Site and Architectural Review Board shall be appointed by the Mayor and approved by the Board. The secretary shall review applications, communicate with applicants, create reports, schedule matters before the Site Plan and Architectural Review Board, and file and disseminate decisions of the Site Plan and Architectural Review Board.
[Amended 9-22-2020 by L.L. No. 3-2020 and L.L. No. 4-2020]
§ 190-50 Review of building permit applications.
A.
An applicant for a building permit shall file with the Building Inspector an application on the prescribed forms with the appropriate fee and submit the required accompanying plans and supporting documents for the proposed construction and accompanying drainage, grading, and landscaping in accordance with the adopted rules and regulations of the Village and the provisions of this article. When required, such application shall have attached the appropriate approval of any environmental board or agency in the Village having jurisdiction.
[Amended 9-8-2003 by L.L. No. 5-2003]
B.
After determining that the application and supporting plans are complete and in proper form and the required fee paid, the Building Inspector, within seven days of such determination, shall refer the application to the Site and Architectural Review Board for its consideration, except applications for patios, fences, pools, hot tubs, fire pits, barbeques, kiosks, gazebos and patios may be processed by the Building Inspector, provided the proposed construction is in conformity with this Code. The Site and Architectural Review Board shall meet and review the same within 20 business days from the referral by the Building Inspector of a completed application. The Site and Architectural Review Board shall render a decision within 40 business days from this referral either approving, disapproving or approving with modifications.
[Amended 9-22-2020 by L.L. No. 3-2020 and L.L. No. 4-2020]
C.
No building permit requiring Site Plan and Architectural Review Board approval shall be issued unless an application shall first have been approved by a majority vote of the members of the Site Plan and Architectural Review Board.
[Amended 9-22-2020 by L.L. No. 3-2020 and L.L. No. 4-2020]
D.
If 60 business days have passed since a completed application has been duly referred to the Site Plan and Architectural Review Board and a meeting of the Site Plan and Architectural Review Board has not been scheduled, the Building Inspector, or his official representative, shall issue the building permit, provided that the application conforms to the provisions of this article and all applicable local laws and ordinances.
[Amended 9-22-2020 by L.L. No. 3-2020 and L.L. No. 4-2020]
E.
The Building Inspector or his official representative shall not issue any building permit for which an application has been approved with modification by the Site and Architectural Review Board unless the plans for such building have been changed to embody all modifications in design, appearance or location that such Board may have suggested so as to render the proposed building or its location in compliance with the provisions of this article.
F.
Final approved maps or plans, materials and specifications may not be substantially altered in any way without the express prior approval of the Board. Any requested substantial alterations of the approved plans, maps or materials must be submitted for review at least seven days prior to the next regularly scheduled meeting of the Site Plan and Architectural Review Board, and no construction work involving such substantial alterations shall be commenced or continued until approval of the Board is granted.
[Amended 9-22-2020 by L.L. No. 3-2020 and L.L. No. 4-2020]
G.
The Building Inspector is authorized to order all work to be halted and, if necessary, to revoke any building permit for any violation of this chapter. This may also be enforced by the Board of Trustees by means of injunction.
[Amended 9-22-2020 by L.L. No. 3-2020 and L.L. No. 4-2020]
§ 190-51 Standards to be considered.
[Amended 9-22-2020 by L.L. No. 3-2020 and L.L. No. 4-2020]
A.
In considering an application, the Site and Architectural Review Board shall be charged with maintaining the character of the Village in furtherance of assisting the Board with protecting the health, safety and welfare of the inhabitants and conserving the values of property and encouraging the most appropriate use of land. The Site Plan and Architectural Review Board may be guided in its determination by the rural nature of the community, its open space and natural environs, the topographical features of the Village and its unique suburban characteristics. The Site Plan and Architectural Review Board may take into account natural features of the site and surroundings, exterior design and appearances of existing structures, the character of the neighborhood and its peculiar suitability for a particular design or siting.
B.
The Board may approve or approve with modifications any application referred to it upon a finding that the construction, in accordance with the approved plan, would be in harmony with the purpose of this article.
C.
In approving any application, the Board may impose appropriate conditions and safeguards designed to promote the purpose of this article.
§ 190-52 Appeals.
[Amended 9-22-2020 by L.L. No. 3-2020 and L.L. No. 4-2020]
Any applicant aggrieved by the action of the Site and Architectural Review Board in disapproving an application, and of the denial of a building permit because of such disapproval, may request, within 30 days of the filing of the Site Plan and Architectural Board's decision, that formal written findings of fact be filed. In the event of such a request, the Board shall make such findings of fact within 20 business days after the request is filed in the Village Clerk's office. The applicant shall have 15 days' opportunity to respond to the findings by a submission of additional evidence or amendments to the application. The Site and Architectural Review Board shall reconsider the application on the basis of such answer. If the application is disapproved after reconsideration, the applicant may appeal to the Zoning Board of Appeals of the Village of Muttontown, in accordance with its rules, within 30 days after the filing in the office of the Village Clerk of the decision of the Board after reconsideration.
§ 190-53 Consultation with other boards.
[Amended 10-10-2006 by L.L. No. 2-2006; 9-22-2020 by L.L. No. 3-2020 and L.L. No. 4-2020]
The Site and Architectural Review Board may consult with the Zoning Board of Appeals with respect to any request for a variance on which the Zoning Board of Appeals is required to hear. The Site and Architectural Review Board may consult with and advise the Board with respect to any request for a special use permit on which the Board is required to hear. Upon request, the Site and Architectural Review Board may also consult upon any other land use or development plan filed with the Board, Planning Board, or Zoning Board of Appeals.