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Zoning Law

LOCAL LAW NO. 4 1970
VILLAGE OF DERING HARBOR, N.Y.
CHAPTER Z A LOCAL LAW PRESCRIBING ZONING REGULATIONS GENERALLY
AS AMENDED BY LOCAL LAW 2 OF 2000

Be it enacted by the Board of Trustees of the Village of Dering Harbor as follows:

ZONING REGULATIONS

Article

I.   Short title; legislative findings and determinations;  definitions
II.  Districts
III. Permitted and prohibited uses
IV.  Regulations applicable to all districts
V.   Regulations applicable to “A” residential district
VI.  Regulations applicable to “B” residential district
VII. Administration and enforcement; applications and permits; certificates of occupancy
VIII.Board of Appeals
IX.  General Provisions
X.   Board of Architectural Review
XI.  Miscellaneous Provisions
XII. Effective Date

ARTICLE I

SHORT TITLE; LEGISLATIVE FINDINGS AND DETERMINATION; DEFINITIONS

SECTION

1-100 Short Title
1-102 Legislative Findings and determination
1-104 Purposes
1-106 Definitions

Subsection 1-100; Short Title

This local law shall be known and may be cited as the “ZONING REGULATIONS of the VILLAGE OF DERING HARBOR”

Subsection 1-102; Legislative findings and determination

1. The board of trustees of the village of Dering Harbor has appropriately availed itself of the powers conferred by the village Jaw of the state of New York to enact building zone regulations by duly appointing a zoning commission pursuant to the provisions of section one hundred seventy-nine-a of such law and such commission has filed a preliminary report, held a public hearing thereon, and thereafter filed a final report. The report and proposals of the zoning commission appointed to consider the advisability of enacting regulation affecting the use of land, erection of structures thereon and other matters, is in large measure factually correct and in general contains sound judgments, conclusions, and recommendations. The village clerk is therefore directed to maintain a permanent file of such report and similar relevant material for background and reference. Accordingly the Board of Trustees finds and determines as a basis for establishing a general policy on development and zoning that the regulation thereof:

a. The Village of Dering Harbor is peculiarly unique not only in that it is the smallest village in the state, but that it is situated on Shelter Island, which comprises an entire town with its own zoning ordinance providing for adequate nearby community shopping and other facilities as well as a wide variety of housing types permitted and existing. Moreover the land in the entire village is subject to covenants running with the land which precludes any commercial or industrial uses or activities. This local law recognizes these facts and the relationship between the village and the town of which it is a part.

b. The natural beauty of the village, with its rare undisturbed wooded area, its tidal marshes too important to ecology, its scenic outlooks over Dering Harbor, Greenport Harbor and Peconic Bay, its limited existing public facilities consisting primarily of a public water supply system and public thoroughfares not designed for any considerable traffic carrying capacity are also recognized in these regulations which are designed among other things to preserve to the maximum extent possible the unspoiled character of the land and the limited existing development and residential environment.

c. Regulations should be and are hereby made which will conserve the natural beauty of the terrain and maintain the existing pattern of development along residential lines, relying upon nearby areas in the town and the inter-community composite of which it is a part for the other than residential services and opportunities necessary to the inhabitants of the village. The Board of Trustees therefore directs that no commercial activity is allowed to take place within the boundaries of the Village of Dering Harbor.

d. Appropriate levels of the intensity of land occupancy must be and hereby are established to preserve and protect existing community values by preventing inharmonious or deleterious uses, particularly those uses which can be more appropriately and economically provided elsewhere in the larger inter-community area, such as any commercial activity, and to obviate the construction of public highways, sanitation and other facilities and the furnishing of municipal services. (Section 2 a-d amended by local law 2 of2000)

e. The water supply system of the village should be protected from pollution and demands on its capacity beyond its ability to cope.

f. The character, stability, integrity, and the value of the land of the community
should be preserved and protected.

Subsection; 1-104 Purposes

This local law, establishing and adopting zoning regulations pursuant to Article 6-A
of the village law of the state of New York and for the purposes set forth therein, is enacted in accordance with a comprehensive plan for the development of the village and designed to protect and promote the public health, safety, and welfare, which plan is derived from the foregoing basic findings and related development policies and has the following purposes.

a. To guide the future growth and development of the village in accordance with a comprehensive plan that represents the most beneficial and convenient relationships among the areas within the village, considering the suitability of a potential for the uses and regulations applicable, having regard for existing conditions and trends both within the village and adjoining areas.

b. To provide adequate light, air and privacy; to secure safety from fire and other danger and to prevent overcrowding of the land and undue congestion of population.

c. To protect the established character and social and economic stability of the village, ensure that all development shall be orderly and beneficial, balance public and private interests, conserve land value, facilitate the adequate provision of transportation, water, sewerage and other public requirement and services by limiting (sic) development to a degree commensurate with the availability and capacity of such public facilities and services, prevent the pollution of the land, water and environment, safeguard water resources and encourage the wise use and sound management of natural resources throughout the village to preserve the beauty of the community and value of the land.

Subsection; I -106 Definitions

1. Word usage generally. For the purpose of this local law words in the singular include the plural and those in the present tense shall also include the future tense. The word “person” includes a corporation as. well as an individual; the words “shall” and “must” are always mandatory, and the words “used” or “occupied” as applied to any land or building shall be construed to include the words “intended, arranged or designed to be used or occupied.” As a general rule of construction words shall be accorded their common meaning unless otherwise defined or the context requires a different interpretation, bearing in mind the central purpose of this law, The word “village” means the incorporated village of Dering Harbor; “board of trustees” means the duly elected board of trustees of said village; “board of appeals” means the duly appointed board of appeals of said village, “town” means the Town of Shelter Island.

2. Word usage specifically. The following words and phrases shall for the purpose of this local law, unless otherwise expressly stated, have the meaning herein indicated.

a. Accessory building. A building or structure which is subordinate to the principal building on the same lot, such as a barn, boathouse, garage, greenhouse, playhouse, stable, swimming pool, or dish antenna whether attached or detached to or from the principal building or any other building on the lot. An accessory building may not contain living or sleeping quarters or kitchen facilities of any kind. An accessory building must meet these requirements whether it is attached or separate from a principal building or any other building or structure, or accessory building (Note: dish antenna added 4/86, amended by Local Law 2 of2000).

b. Accessory use. A use customarily incidental and subordinate to the principal use or building and located on the same lot with such principal use or building.

c. Acre. The standard measure of area referred to a lot exclusive of any portion within the bed of a public street

d. Building. A structure having a roof supported by columns or by walls and intended for shelter, housing or enclosure of persons, animals or chattels.

e. Building area. The total of areas taken or a horizontal plane at the main grade level of the principal building and all accessory buildings.

f. Dwelling. A building, or part thereof, including any appurtenances, used and occupied, or intended to be so used, for human habitation.

g. Family. Any number of individuals related by blood, marriage or adoption, or five or fewer people that are unrelated by blood, marriage or adoption living together as a single housekeeping unit using rooms and housekeeping facilities in common and having such meals as they may eat at home generally prepared and eaten together in one single kitchen facility in a single family dwelling. The sale, transfer, lease or assignment of rental shares or shares to occupy a house or the occupation of a dwelling by more than five unrelated individuals is strictly prohibited in the Village of Dering Harbor. (Note; section was replaced by Local Law 2 of 2000).

h. Frontage. All the property abutting on one side of a street between two intersection streets, measured along the street line; or in the case of a waterfront lot measured along the ordinary high water line between the adjacent street or lot lines.

i. Height of a building. The vertical distance measured in the case of a building with a flat roof, from the finished grade level to the level of the highest point of the roof beams, and in the case of a building with a pitched roof, from the finished grade level to a point halfway between the top of the plate and the ridge.

j. Home occupation. Any use customarily conducted within a dwelling provided it is carried on solely by the residents of the dwelling, is clearly incidental and secondary to the use of the dwelling for dwelling purposes, does not change the character of the dwelling and there is no external evidence of such use.

k. Lot. A parcel of land, whether or not shown as a single lot on a duly recorded plat, occupied or designed to be occupied by one dwelling and the accessory buildings or uses customarily incident to it, including such open spaces as are arranged and designed to be used in connection with such buildings and as are required under the provisions of this local law, having not less than the minimum area and width required in the district in which such land is situated and having frontage on a street or on such other means of access as may be determined in accordance with the provisions of the law to be adequate as a condition of the issuance of a building permit for a building on such land.

l. Lot width. The distance from side lot line to side lot line of a lot measured along the front street line or parallel thereto at that roofed portion of a structure nearest to the street line.

m. Nonconforming use. A building, structure or use of land lawfully existing at the time of the effective date of this local law which does not conform to the regulations pertaining to the district in which it is located.

n. Setback. The horizontal distance from a lot line to the part of the building nearest thereto.

o. Sign. Every kind of billboard, signboard and other shape, device or display arranged, intended, designed, used or having the effect of an advertisement, announcement, or direction, including any test, symbols, marks, letters or figures painted on or incorporated in the composition of the exterior surface of a building, structure or by a public utility and being necessarily parked on a street, and except a poster or announcement required or permitted by law to be displayed on any premises or structure

p. Structural Alteration. Any change in the supporting members of a building, such as bearing walls or partitions, columns, beams or girders or any substantial change in the roof.

q. Structure. Anything constructed or erected the use of which requires location on the ground or attachment to something having a location on the ground.

r. Swimming Pool. Any body of water, other than tidal or a natural pond, or receptacle for water having a depth at any point greater than two feet, used or intended to be used for swimming or bathing and constructed, installed or maintained in or above the ground outside, in whole or in part any building.

s. Use. The specific purpose for which land or a building is designed, arranged, intended or for which it is or may be occupied, improved, or maintained.

t. Yard. In the case of a front yard, the space within and extending the full width of the lot from the front yard line (or if a lot is bounded by tidal water, from the ordinary high water line) to the part of the principal building which is nearest to such front or ordinary high water line; in the case of a rear yard, the space within and extending the full distance from the rear lot line to the part of the principal building which is nearest to such lot line; in the case of a side yard, the space within the lot extending the full distance from the front yard to the rear yard and from the side lot line to the part of the principal building which is nearest to such side lot line.

ARTICLE II

DISTRICTS

Section 2-200 Classes of Districts
Section 2-204 Boundaries

Section 2-200; Classes of Districts

For the purpose of this local law the village is hereby divided into two districts designated as follows : “A” Residential “B” Residential

Section 2-204; Boundaries of the Districts

The “A” Residential district is bounded and described as follows :
beginning at a point on the Southerly line of Manhanset Road where the same is intersected by the extension westerly of the southerly side of Havens Road and running thence N 41 degrees 35′ E across Manhanset Road along said extension of the southerly side of Havens Road to a concrete monument marking the intersection of the northerly side of Manhanset Road and the southerly side of Havens Road N 41 degrees 35′ E 311.50 feet to a point: thence S 85 degrees 35′ 20 ESE 822.13 feet to the easterly boundary line of the village, thence along the village boundary line the following seven courses and distances:
1)  S 26 degrees 12′ 20″ E 1248. 73 feet; thence
2)  S 26 degrees 28′ E 1005.66 feet; thence
3)  S 25 degrees 54′ 30″ E 261.27 feet; thence
4)  S 77 degrees 54′ 10″ W 1410.0 feet; thence
5)  N 10 degrees 33′ 30″ W 333. 11 feet; thence
6) N 70 degrees 36′ 10″ W 135.61 feet; thence
7) S 89 degrees 39′ 40″ W 509.01 feet; thence along the village boundary line following the center line of a gutter to a point on the easterly side of Julia Havens Creek; thence S 64 degrees l’ 20″ W 400 feet to a concrete monument on the easterly line of Locust Point Road; thence generally northerly along the easterly line of Locust Point Road and the southerly line of Manhanset Road to the point of place of beginning,
The “B” residential district comprises all of the village not within the “A” residential district including the waters and lands under of Dering Harbor and Greenport Harbor within the jurisdiction of the village.

ARTICLE III

PERMTTTED AND PROHIBITED USES

Section 3-300 Uses permitted generally
Section 3-302 Uses prohibited

Section 3-300; Uses Permitted Generally

The following uses, buildings and structures are permitted in both districts:

1. Detached single family dwelling
2. Accessory building
3. Accessory use
4. Municipal
5. Home occupation
6. Golf Course

Section3-302; Uses Prohibited

The following uses, buildings and structures are prohibited in both districts:

1. The breeding of fowl.
2. The keeping of animals, other than domestic household pets, except as a special exception.
3. Signs, except a name of family or street number sign having an area of not more than two-hundred twenty-five square inches, or except as a special exception.
4.  Any other than a permitted use, building or structure.
[5.  Fences] [Ed. Note: deletes 1/1 1/71 see 4-420]
6.  Parking of private vehicles on Village of Dering Harbor streets is prohibited  except as authorized by the Board of Trustees of the Village of Dering Harbor. All residences must contain adequate off-street parking for a minimum of four ( 4) vehicles of an average size. Parking on Village of Dering Harbor property is prohibited except for occasional special events and Village of Dering Harbor purposes as authorized by the Board of Trustees of the Village of Dering Harbor only. Any violations of this provision shall be subject to towing at the expense and sole liability of the owner of the offending vehicle.
7. Commercial Activity.

ARTICLE IV

REGULATIONS APPLICABLE TO BOTH DISTRICTS

Section 4-400 Application; Interpretation, irregular lots
Section 4-402 Floor area of dwellings
Section 4-404 Height of buildings
Section 4-406 Height of Structures
Section 4-408 Height of vegetation
Section 4-410 Utility Service
Section 4-412 Fuel storage
Section 4-414 Sewage disposal
Section 4-416 Trailers; mobile homes
Section 4-418 Outdoor lighting
Section 4-420 Fences [Ed Note: Added 1/1#171]
Section 4-422 Tennis Courts [Ed Note: Re #419 1/14/85]
Section 4-424 Driveway Construction
Section 4-426 Dish Antennas

Section 4-400 Application: interpretation; irregular lots

1. The regulations set forth in this article shall apply to both districts.

2. In interpreting and applying this local law, the requirements contained herein are declared to be the minimum requirements necessary for the protection of the public health, morals, safety, comfort, convenience and general welfare of the community. No building or structure shall be erected, moved, altered, rebuilt or enlarged, nor shall any land or building be used, designed or arranged to be used for any purpose or in any manner except in conformity with this local law and particularly with the specific regulations for the district in which such building or land is located. Any use not specifically permitted is prohibited. Every building hereafter erected shall be located on a ·lot as herein defined. There shall be no more than one principal building and its accessory buildings and not more than one dwelling unit on any such lot. Each principal building will have only one dwelling with only one indoor kitchen. A kitchen is defined as a space used for preparing meals and containing one or more appliances used for that purpose. Two or more separate kitchen facilities in the principal building are strictly prohibited. Kitchen or kitchen facilities are strictly prohibited in any accessory building either attached or detached to the principal dwelling. No yard or open space provided about any building for the purpose of complying with the provisions of these regulations shall be included as part of the yard or other open space for any other building. No yard or other open space on one lot shall be considered as a yard or open space for a building on another lot, and should a lot hereafter be formed from the part of a lot already occupied by a building such separation shall be effected in such manner as not to impair conformity with any of the requirements of this local law with respect to the existing building and all yards and other required spaces in connection therewith, and no permit shall be issued for the erection of a building on the new lot thus created unless it complies with all the provisions of this local law. All accessory buildings and structures shall have the same front yard, side yard, and rear yard setbacks as required for principal buildings on the lot (Note: Amended by
Local Law 2 of 2000).

3. Where a question exists as to the proper application of any provisions of this local law to a particular lot or parcel because of the peculiar or irregular shape or topography thereof the board of appeals shall determine how such regulation shall be applied with the following
procedures:

a. The person concerned shall make a written application, signed and sworn to, to the building inspector, for an interpretation of the proper application of such regulations or other provisions which shall set forth all the pertinent facts involved and be accompanied by a survey of the premises in question drawn to scale by a licensed land surveyor showing lot dimensions and the set-back distances of any existing structures.

b. The building inspector shall make a preliminary determination thereon and refer it to the board of appeals for review.

c. The board of appeals, upon such referral, shall call a hearing in accordance with its regular procedure, shall at such hearing review the matter and issue its determination in the form of an opinion and decision by the board of appeals.

Section 4-402; Floor area of dwellings

Excluding porches, breezeways, and attached or semi-attached accessory buildings, the area of the first floor of a principal building shall not be less than fourteen-hundred ( 1400) square feet, and further excluding basements and attics the total floor area shall not be Jess than two thousand (2000) square feet. The total floor area of any principal building shall not exceed ten thousand (10,000) square feet exclusive of accessory buildings (Note: Amended by Local Law 2 of 2000).

Section 4-404; Height of Buildings

No building shall exceed thirty-five feet in height.

Section 4-406 Height of structures

No structure shall be higher than the distance from its base or any attachment to the ground, to the nearest lot lines.

Section 4-408; Height of Vegetation

No hedge, shrubbery or other product of the soil other than a tree, shall be permitted to grow and no improvement shall be erected along the lines of a lot on a street corner, to a height greater than three feet within twenty-five feet of the comer as measured from the surface of the road at the base of the curb if any or edge of the road along the comer (Amended by Local Law 2 of 2000).

Section 4-410; Utility Services

All utility services shall be brought into private property underground.

Section 4-412; Fuel storage

All containers and facilities for the storage of fuel shall be located beneath the surface of the ground, provided, however, that approved tanks for the storage of natural gas for normal household use, in suitable enclosures, are permitted on or above the surface of the ground. No pump for dispensing stored fuel shall be maintained within forty feet of a street line nor upon any bulkhead, pier, wharf or dock

Section 4-414; Sewage disposal

All sewage shall be disposed in compliance with the regulations of the Suffolk County department of health.

Section 4-416; Trailers; mobile homes

No automobile or boat trailer, house-cars or mobile homes shall be used for human
habitation, nor shall they be permitted to be parked in the open on private property (Amended by Local Law 2 of 2000).

Section 4-418 Outdoor lighting

No outdoor lighting shall be used in such a way that rays are directly thrown beyond the property line.

Section 4-420 Fences

1. Fences, other than those required in connection with swimming pools, whether structures, or living in the form of vegetation, may be permitted, subject to the issuance of a license by the board of trustees. The board of trustees finds and determines that fences should neither be permitted nor prohibited generally and that because of varying conditions adequate guidelines cannot be established for delegated administrative action by the board of appeals. Accordingly, action on applications for permission to erect, plant or grow fences shall be legislative by nature. Applications may be submitted to the village clerk in letter form, but must be accompanied by a plot plan showing location on the premises, and an elevation or elevations showing the height or heights, including in the case of a living fence, the maximum height to which it is proposed to permit growth, and may be accompanied by an acknowledged consent of the adjacent property owner or owners. The Board of Trustees will determine whether the fence is appropriate for the property and area in question. The Board of Trustees after review and approval shall then refer the matter to the Board of Architectural Review for review and approval of the dimensions and materials utilized in the construction of the fence, whether living or structural.

2. Applications for all fences, whether structural or living including fences for pools, tennis courts, and gardens, are also subject to approval by the Architectural Review Board provided herein (Amended by Local Law 2 of2000).

Section 4-422; Tennis Courts, Pools, and Outdoor Sports and Entertainment Areas

Tennis courts, pools, basketball courts and any other outdoor sports areas, and outdoor entertainment areas such as porches, decks and patios shall have front yard, side yard and rear yard setback requirements of not less than seventy-five feet. The Board of Trustees finds that the noise created by the activities in the above areas has a severe negative impact on the neighboring properties if the areas are located less than seventy-five feet from those properties and negatively impacts the quality of life and welfare of the neighboring residents and the value of their property and of the other residents of the Village (Amended by Local law 1 of 1985 and Local Law 2 of
2000)

Section 4-424; Driveway Construction

Driveways shall not be constructed with visible bituminous asphalt commonly called blacktop, and gravel or other loose aggregate driveways shall be so constructed to retain such loose aggregate from the public highways of the village, by utilization of an apron or other appropriate retainer. [Ed. Note: Added 4/85]

The entrance and egress of each property to and from the public roadway shall have a surface access apron of a minimum often (10) feet long and six (6) feet wide. This area shall be made of a solid material, such as cement, but not visible bituminous asphalt, commonly called blacktop, as is prohibited above. (Amended by Local Law 2 of2000).

Section 4-426; Dish Antennas

Approvals by the Board of Architectural Review shall be required for all dish antennas larger than eighteen ( 18) inches in diameter whether attached to a building or not. The manner and procedure of application and approval for all dish antennas larger than eighteen ( 18) inches in diameter whether attached to a building or not shall be the same as for a building permit (Added by Local Law 1of 1985, Amended by Local Law 2 of2000).

ARTICLE V

REGULATIONS APPLICABLE TO THE “A” RESIDENTIAL DISTRICT

Section 5-500 Application
Section 5-502 Area width of lot; 3 acres, 200′
Section 5-504 Depth or lot; 300 feet
Section 5-506 Building area (I 0% of Jot area)
Section 5-508 Front yard (75′)
Section 5-510 Side yard (50′)
Section 5-512 Rear yard (50′)

Section 5-500; Application

The regulations set forth in this article shall apply to the “A” Residential district,

Section 5-502; Area and width of lot

No building or structure shall be erected or altered on a lot having an area of less than three acres or width of less than two hundred feet, not withstanding any other provision of these regulations, without permission of the Zoning Board of Appeals (Amended by Local Law 2 of 2000).

Section 5-504; Depth of lot

No building or structure shall be erected or altered on a lot having a depth of less than three hundred feet, not withstanding any other provision of these regulations, without permission of the Zoning Board of Appeals (Amended by Local Law 2 of2000).

Section 5-506; Building area

The total ground surface area of the buildings and structures on a lot shall not exceed ten percent of the total lot area.

Section 5-508 Front yard

A front yard shall be not less than seventy-five feet.

Section 5-510 Side yard

A side yard shall be not less than fifty feet.

Section 5-512 Rear Yard

A rear yard shall be not less than fifty feet.

ARTICLE VI

REGULATIONS APPLICABLE TO “B” RESIDENTIAL DISTRICT

Section 6-600 Application
Section 6-602 Area and width of lot (1 & 1/2 acres; 150 feet)
Section 6-604 Depth of lot (200 feet)
Section 6-606 Building area (15% maximum)
Section 6-608 Front yard ( 40 feet)
Section 6-610 Side yard (30 feet)
Section 6-612 Rear yard (30 feet) except waterfront lot ( 40 feet)
Section 6-614 Waterfront facilities

Section 6-600; Application

The regulations set forth in this article shall apply to the “B” Residential District.

Section 6-602; Area and Width of Lot

No building or structure or a waterfront facility other than a boathouse shall be erected or altered on a lot having less than one and one-half acres or a width of less than one-hundred fifty feet not withstanding any other provision of these regulations, without permission of the Zoning Board of Appeals (Amended by Local Law 2 of 2000).

Section 6-604: Depth of Lot

No building or structure or a waterfront facility other than a boathouse shall be erected or altered on a lot having a depth of less than two-hundred feet not withstanding any other provision of these regulations, without permission of the Zoning Board of Appeals (Amended by Local Law 2 of2000).

Section 6-606; Building area

The total ground surface area of the buildings and structures on a lot shall not exceed fifteen per cent of the total lot area Section 6-608; Front yard A front yard shall not be less than forty feet.
Section 6-610; Side yard

A side yard shall not be less than thirty feet.

Section 6-612; Rear yard

A rear yard shall not be less than thirty feet, and if the lot is a waterfront lot the rear yard shall not be less than forty feet.

Section 6-614; Waterfront facilities

The height of any boathouse or bathhouse wholly or partly seaward of the ordinary high-water line shall not exceed fifteen feet and no part of any dock, pier or wharf shall be constructed to a height greater than six feet above the ordinary high water line.

ARTICLE VII ADMINISTRATION AND ENFORCEMENT: APPLICATIONS AND PERMITS

CERTIFICATES OF OCCUPANCY

Section 7-700 Building Inspector, position created
Section 7-702 Building Inspector, powers and duties
Section 7-704 Building permit requirement for construction
Section 7-706 Building permit application
Section 7-708 Building permit issuance
Section 7-710 Building permit; fee
Section 7-712 Building permit; expiration and renewal
Section 7-714 Certificate of Occupancy

Section 7-700 Building Inspector, position created

There is hereby created the position of building inspector. The Building Inspector shall be a public officer and may hold any other than an elected office in the village. Subject to the approval of the civil service commission or personnel officer having jurisdiction, the position shall be in the unclassified or exempt service.

Section 7-702 Building Inspector, powers and duties

There is hereby delegated to the building inspector the power and authority and it shall be his duty to enforce the provisions of this local law and the regulations promulgated here under. It shall also be his duty to enforce the provisions of other laws and regulations having to do with the subject matter of this local law.

Section 7-704: Building permit; requirement for as a condition to as to construction or use

Other than a building or structure lawfully in use or enjoying a nonconforming use at the time of the effective date of this local law no building or structure shall be erected, constructed, structurally repaired, or used until a permit therefore has been issued by the building inspector.

Section 7-706; Building permit; application [Amended 4/85)

1. Every application for a building permit shall be made upon a form issued or approved by the Building Inspector. Such application and the required accompanying plat and other plans and specifications shall contain all the information necessary to enable the Building Inspector to ascertain whether the proposed building complies with this local law and any other applicable laws or regulations.

2. No construction shall be undertaken until the building permit application has been approved by the building inspector, the trustee having responsibility for buildings and grounds, and the architectural review board. (Ed. Note: Third Sentence in 7-706 ( 1) requiring certification that the permitted building was for personal and not speculative use, held unconstitutional by decision of Hon. James W. Gowan, in __v ___Supreme Court Suffolk County index # 1986, and by Local Law #5 1986 the village rescinded the offending sentence.

Section 7-708; Building permit, issuance

No building permit shall be issued until the building inspector certifies in writing that the proposed building or structure or use complies with the requirements of this local law and any other applicable law or regulations.

Section 7-710 Building permit: fee (Amended 3/84 and 4/85)

Every application for a building permit shall include an estimate of the cost of the proposed building or .structure. A fee to accompany each application shall be charged based upon the estimated cost, at the following rates:

1. If the cost does not exceed $5000 the fee shall be $150
2. If the cost exceeds $5,000 but does not exceed $25,000 the fee shall be $250.
3. If the cost exceed $25,000 but does not exceed $75,000 the fee shall be $500.
4. If the cost exceeds $75,000 the fee shall be $850

Before a certificate of occupancy is issued, the applicant or owner shall be required to file the tax assessor’s final cost of completion computed from the increase of assessed valuation, if any. If such final cost exceeds the estimated cost an appropriate adjustment shall be made in the fee any additional amount shall be paid. In no event shall any building permit fees be refunded. (Ed. Note: HISTORICAL: fees last revised by L/L# 85, based on contract building inspectors estimate of 10 inspections @ $75 each for new construction, 5 or more for renovations & additions etc. last paragraph regarding assessors certificate added L/L#4/85].

Section 7-712; Building permit; expiration and renewal

All building permits shall expire one year after issuance. An application may be made for renewal and the permit may be extended for an additional year provided the original application ,… complies with the requirements of this local law and applicable law or regulation at the time of the application for renewal, or is amended to comply therewith upon the payment of one half of the original fee.

Section 7-714; Certificate of occupancy

1. Until a certificate of occupancy shall have been issued by the building Inspector, it shall be unlawful and a violation of this local law to use or permit the use of any premises and structure, or building created, erected, constructed, altered, changed or converted after the effective date of this local law.

2. A certificate of occupancy shall indicate and certify that such premises, structure or building or part thereof, or the proposed use thereof are in conformity with the provisions of this local law.

3. Under such rules and regulations as may be enacted by the board of appeals, a temporary certificate of occupancy for a part of any building or premises may be issued by the building inspector.

4. Upon written request from the owner or occupant, the building inspector shall issue a certificate of occupancy for any existing lawful use or occupancy of a building or premises.

Section 7-716; Other Fees (PROPOSED 1/16/93]

Not withstanding any other provisions of this local Jaw, fees payable to the Village for applications and appeals, or concerning any matter, will be set from time to time by the Board of Trustees.

Section 7-718; Demolition; Permit; Application; Fee

A.     Demolition Permit; requirement for as a condition to as to demolition, removal or alteration

No building, structure or portion of any building or structure shall be altered, demolished or removed until a permit for demolition, alteration or removal has been issued by the Building Inspector.

B. Demolition Permit; application

l. Every application for a demolition permit shall be made upon a form issued or approved by the Building Inspector. Such application must be accompanied by any information necessary to such application. Any demolition required for alteration or reconstruction or new construction that requires a building permit shall also require a demolition permit.

2. No demolition or removal shall be undertaken until the demolition permit has been approved by the Building Inspector in writing with notice to the Board of Trustees of such approval.

3. No demolition or removal shall be undertaken without full and proper notice to all adjoining property owners and any property owners within 250 feet of the property, even if across a paved roadway, where the demolition, removal or alteration will take place. Proper notice shall be defined as written notice to property owner at the primary address listed on file with the Village Clerk for the purposes of Tax Receivership. Proper notice is further defined as ten (10) business days prior to the date of the proposed demolition, removal or alteration.

C. Demolition Permit; fee

Every application for a demolition permit shall include an estimate of the cost of the proposed demolition, alteration or removal of the existing structure or portion of structure. A fee to accompany each application shall be charged based upon the estimated cost at the following rates:

1. If the cost does not exceed $5000 the fee shall be $150

2. If the cost exceeds $5000 but does not exceed $25,000 the fee shall be $250

3. If the cost exceeds $25,000 but does not exceed $75,000 the fee shall be $500

4. If the cost exceeds $75,000 the fee shall be $850
(Note: 7-718 added by Local Law 2 of2000)

ARTICLE VIII

BOARD OF APPEALS

Section 8-800 Board of Appeals
Section 8-802 Powers: Appeals
Section 8-804 Powers: Variances
Section 8-806 Powers: Special Exceptions
Section 8-808 Rules
Section 8-810 Public Hearings

Section 8-800; Board of Appeals

The village board of trustees hereby creates and authorizes the appointment of members to a board of appeals consisting of five members pursuant to the provisions of section one hundred seventy nine-of the village law [Ed. Note: amended by LIL #1, 71 to correct statutory reference).

Section 8-802; Powers: Appeals

Persons aggrieved by any ruling or action of the building inspector may appeal such ruling or action to the board of appeals which shall hear and determine such appeals, affirming, modifying or reversing the ruling or action complained of.

Section 8-804; Powers: Variances

In a specific case, after public notice and hearing, and subject to appropriate conditions and safeguards, the board of appeals may determine and vary or modify the application of the regulations herein established, in harmony with their general purpose and intent and so that the spirit of this local law shall be observed, public safety and welfare secured, and substantial justice done.
Notice of the hearing shall be given by publication in the official paper of the Village of Dering Harbor one time not less than nine nor more than twenty-five days before the date of the hearing, and by mailing a copy of the public notice of the hearing to the owner or owners of properties any part of which is within two hundred feet of the parcel which is the subject of the hearing.
Applications to the Zoning Board of Appeals must be accompanied by plans which are prepared and certified by, and stamped with the seal of a licensed architect, engineer, and/or surveyor and shall be accompanied by a fully dimensioned site plan and plot plan and a survey by a licensed surveyor showing all elevations of new structures and all affected elevations in the case of additions or alterations.
Where landscaping is pertinent to the proposed variance requested, the Zoning Board of Appeals shall also request a landscaping plan. In such case, the application must be accompanied by a site plan showing both existing trees with a trunk diameter of 12 inches or more at a point 3 feet above the ground level and shall indicate whether such trees shall remain or be removed and/or other topographical features existing or planned including but not limited to all changes in grades and berms.
All applications submitted by or appeared to by anyone other than the owner of record according to the title of the property, a letter of agency must be submitted and no application will be accepted or reviewed by the Village of Dering Harbor or its representatives if the owner’s representative submitting the application does not also submit or have a letter of agency signed by the owner of record on file with the Village Clerk. (Note: Amended by Local Law 1 of 1981 and Local Law 2 of2000).

Section 8-806; Powers: Special Exceptions

Whenever a use or location thereof is permitted only if the board of appeals shall approve thereof, such board may in a specific case and after notice and public hearing, authorize such permissive use and its location within a district, subject to the following conditions:

a. Before such approval shall be given, the board shall determine:

1. That the use will not prevent the orderly and reasonable use of adjacent properties;

2. That the use will not prevent the orderly and reasonable use of permitted or legally established uses in the district wherein the proposed use is to be located;

3. That the safety, health, welfare, comfort, convenience and order of the village will not be adversely affected by the proposed use and it location;

4. That the use will be in harmony with and promote the intent and purpose of this local law

b. In making such determination the board shall give consideration, among other things to:

1. The character of the existing and probable development of uses in the district and the peculiar suitability of such district for the location of any such permissive use;

2. The conservation of property values and the encouragement of the most appropriate use of land;

3. The effect that the proposed use will have upon traffic on the public streets;

4. Whether the plot area is sufficient, appropriate and adequate for the use and the reasonably anticipated operation and expansion thereof.
The board shall, in authorizing such permissive uses, impose such conditions and safeguards as it may deem appropriate, necessary and desirable to preserve and protect the spirit and objective of this local law.

ARTICLE IX

GENERAL PROVISIONS

Section 9-900 Non-conforming situations
Section 9-902 Swimming pool regulations
Section 9-904 Amendments
Section 9-906 Violations and penalties
Section 9-908 Remedies
Section 9-910 Separability

Section 9-900; Non-conforming situations

1. Non-conforming uses. The lawfully permitted use of land, buildings and structures, existing at the effective date of this local law or the effective date of any amendment thereto which may cause an existing use to become non-conforming may be continued although such use does not conform to the provisions hereof. Such uses shall be deemed non-conforming uses. [Ed. Note: revised to refer to “amendments” 4/85)

2. Non-conforming use of buildings and structures.

a. A building or structure, the use of which does not conform to the use regulations of the district in which it is situated shall not be enlarged or extended unless such building or structure, including such enlargement or extension, is made to conform to all regulations, including use for the district in which it is situated; provided, however, that where the public health, safety or welfare warrants a reasonable and necessary exclusion temporarily or permanently, permission therefore may be obtained by application to and approval of the board of appeals.

b. A non-conforming building or structure shall not be structurally altered unless such alterations are required by law, provided however that such maintenance and repair work as is required to keep a non-conforming building in sound condition shall be permitted.

3. Non-conformity other than use.

A building or structure that is conforming in use but does not conform to the height, yard or area requirements shall not be considered to be non-conforming within the meaning of paragraphs 1 and 2 of this section. No permit shall be issued, however, that will result in the expansion of the area on the ground of any such non-conformity (Amended by Local Law 2 of 2000).

4. A non-conforming use that has been abandoned shall not thereafter be reinstated. Failure to continue such non-conforming use for a period of one year shall be prima facie evidence of such abandonment, unless notice of intention to continue such non-conforming use shall have been filed with the Village Clerk within such period, specifying the non-conforming use which is to be continued. The time for filing such notice shall begin with the effective date of this amendment. (Ed. Note: added by LL#3/86].

Section 9-902 Swimming Pool Regulation [Amended 4/85)

The construction, installation, enlargement, alteration and maintenance of any outdoor swimming pool will be permitted Only if there is compliance with the provisions of this section, and standards promulgated by the board of Trustees. [Ed. Note: Amended 4/85 to insert “outdoor”]

1. Plans.

In addition to the information required on any application for a permit for a building or structure, an application which includes provisions for a swimming pool shall show in detail the water supply and disposal systems, fence construction and vertical elevations.

2. Water Disposal.

All fresh water from pools shall be disposed entirely on the owner’s land. [Ed. Note: Amended 4/85 to insert “fresh”]

3. Fences.

All pool areas shall be completely enclosed by a fence and all fence openings or points of entry into the pool area shall be equipped with a gate having a self-closing and self-latching device. All gates shall be locked whenever the pool is unattended. Fence and gate construction shall be of durable material, not less than four feet in height and no aperture shall exceed four inches in a horizontal direction.

4. Sanitation.

Provision shall be made for the water. to be treated so as to comply with the bacterial standards established by or promulgated pursuant to the New York state sanitary code relating to outdoor swimming pools, and every pool shall be used or maintained in accordance with the provisions of such code and regulations of the Suffolk County Department of Health.

5. All swimming pools shall have the same front yard, side yard and rear yard as required for principal buildings. [Ed. Note: added L/L#3, 84].

6. No salt water from pools shall be disposed of on land. (Ed. Note: Added L/L #3/85].

7. Swimming pools shall be of the in-ground type only and shall not be permitted to  be installed above the grade. [Ed, Note: Added 4/85]

Section 9-904; Amendments

The Board of Trustees may, on its own motion and in accordance with the provisions of the village law of the state of New York, amend this local law at any time. Upon the petition of any three or more property owners in the village, the board of trustees may, after due notice and public hearing amend, supplement, modify or repeal the regulations and provisions of this local law. When such a hearing is held on a petition and the board does not thereafter vote to amend the law as sought by the petition, the board will not be required to hold another public hearing on the same, or substantially the same, matter within one year after the date of the first such hearing.

Section 9-906; Violations and Penalties: Remedy Not Exclusive

a. Any person who violates or is an accessory or is necessary to the violation of any provision of this local law, or who fails to comply with any of the requirements thereof, or who erects, constructs, alters, enlarges, converts, moves or uses any building structure or land in violation of any statement made on any application or in the plans and specifications accompanying the same submitted as to any premises and approval, shall be guilty of a violation under the N.Y. Penal Law and shall be punishable by a fine of not more than two hundred fifty dollars ($250) for each violation or offense.

b. If any person fails to abate any violation within five days after written notice has been personally served on him, or within ten days after written notice has been sent to him by registered mail at his home or business address, and posted in a conspicuous place on any building or structure at any premises which are in violation of any of the provisions of this local law, the Board of Trustees may instruct the building inspector to revoke any building permit or certificate of occupancy for any building or structure on the premises on which such violation occurs and such person shall be deemed to be a disorderly person and subject to a civil penalty of not more than two hundred fifty (250) dollars for each violation or offense and every day that any such violation continues, or exists shall be a separate violation or offense with a separate penalty and fine hereunder recoverable by suit brought by the village and retained by it. These penalties shall be assessed as a tax lien against the property if not paid within thirty (30) days of notification of the violation.

c. If any person violates the provision of this local law with regard to engaging in any commercial activity the penalty for such activity shall be one-thousand dollars ($1,000) per incident.

d. Remedy Not Exclusive. The Village of Dering Harbor shall not be precluded from and shall maintain all remedies available to it by law, and the election by the Village of the issuance of violation and assessment of penalties shall not be a waiver of or with prejudice to any civil or other remedy available to the Village. (Note: amended 1/13/85 and by Local Law 2 of 2000). .

Section 9-908 Remedies

Any building or structure which is erected, constructed, altered, enlarged, converted, demolished, moved or removed or which is used contrary to the provisions of this local law, shall be deemed to be an unlawful structure. Any land or building or structure which is operated, maintained or used contrary to any of the provisions of this local law shall be deemed to be an unlawful use. Such an unlawful structure or unlawful use are hereby declared to be violations of this local law. The proper village authorities may institute an injunction, mandamus, abatement or any other appropriate action to prevent, enjoin, abate or remove any such erection, construction, alteration, enlargement, conversion, or use which is in violation of any of the provisions of this local law.

Section 9-910 Separability.

If any section or part of this local law is for any reason held by any court to be invalid, such determination shall not effect the validity of the remainder. The Village Board of Trustees hereby declares that it has adopted this local law and all parts thereof capable of separate construction regardless of the possibility that any part may be declared invalid.

ARTICLE X

BOARD OF ARCHITECTURAL REVIEW

Section 10-100 Policy and Findings
Section 10-102 Creation of Board
Section 10-104 Procedures of the Board
Section 10-106 Referrals to the Board
Section 10-108 Standards for Board Action
Section 10-110 Advisory Powers
Section I 0-112 Effect of Disapproval. or Failure to Act
Section 10-114 Appeal
Section 10-116 Other Laws

Section 10-100 Policy and Findings

It is the purpose of this article to preserve and promote the character and appearances and conserve the property values of the Village, the attractiveness of whose residential areas is the economic mainstay of the community, by providing procedures for an architectural review of the structures henceforth erected, reconstructed or altered in the village, and thereby

a. to encourage good qualities of exterior building design and good appearances and to relate such design and appearances to the sites and surroundings of structure,

b. to permit originality and resourcefulness in building design and appearances which are appropriate to the sites and surroundings, and

c. to prevent such design and appearances as are necessarily offensive to visual sensibilities.

The Board of Trustees hereby finds that structures which are visually offensive or inappropriate by reason of poor qualities of exterior design or materials, monotonous similarity or striking visual discord in relation to their sites or surroundings, mar the appearances of their areas impair the use, enjoyment and desirability and reduce the values of properties, are detrimental to the characters 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.

Section 10-102; Creation of Board

There is hereby created a Board of Architectural Review which shall consist of five members who shall serve without compensation. All members of the board shall be residents of the Village and shall be specifically qualified by reason of training or. experience in architecture, land development, community planning, real estate, landscape architecture, engineering, building construction or judgment, to judge the effects of a proposed building upon the desirability, property values and development of surrounding areas. The Chairman and other members of the board shall be appointed by the Board of Trustees. The term of office of each member shall be 3 years, except that the initial appointments of one member shall be for one year, and of a second and third member for two years, and of a fourth and fifth member for three years. In the same manner vacancies shall be filled for the unexpired term of any member whose place has become vacant. The Board of Architectural Review shall appoint a secretary who shall keep or cause to be kept in the Village Hall a comprehensive record of all meetings of the board, as well as a record of all transactions handled by said board and shall prepare and file with the Board of Trustees on or before September 1st of each year a complete report of the business handled by the board during the preceding year ended May 31st. (Ed. Note: Section 10-102 amended (to 5 member board) by L/L #1, 85).

Section 10-104; Procedures of the Board

Meetings of the Board of Architectural 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.
Notice of the hearing shall be given by publication in the official paper of the Village of Dering Harbor one time not less than nine nor more than twenty-five days before the date of the hearing, and by mailing a copy of the public notice of the hearing to the owner or owners of properties any part of which is within two hundred feet of the parcel which is the subject of the hearing. 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 actions. The board shall have power from time to time to adopt, amend, and repeal rules and regulations not inconsistent with law or the provisions of this chapter governing its procedures and the transaction of its business, and for the purpose of carrying into effect the standards outlined in Section 10-108. Such action to be taken after public hearing and shall be subject to the approval of the Board of Trustees. (Amended by Local Law 2 of2000).

Section 10-106; Referrals to the Board

As soon as practicable and in any event within 3 business days after determining that an application for a building permit for the construction, reconstruction or alteration of any building or structure complies with all provisions of this code other than this article the Building Inspector shall transmit to each member ‘of the Board of Architectural Review a copy of any such application which comes within either of the following categories:

a. Construction of any new building or structure

b. An addition or reconstruction or alteration of any existing building or structure in such a manner as to change substantially the exterior character and appearance of the building or structure

c. All fences, whether structural or living, including fences for pools, tennis courts and gardens. (Ed. Note: Added L/L #1, 85).

d. The Building Inspector shall not transmit any application to the Architectural Review Board until it has been fully approved by the Building Inspector as having met every provision of this code other than this article. If approval of the Building Inspector is pending or a variance from the Zoning Board of Appeals is required for any part of the application then the application shall not be submitted to the Architectural Review Board until all such required approvals have been issued.

e. In the event the Board of Architectural Review receives an application from the Building Inspector that has not been fully approved as having met every provision of this code other than this article, the Board of Architectural Review at a regular meeting or at a special meeting called by the chairperson or acting chairperson the Board of Architectural Review may make a determination that the application has not been fully approved and return the application to the Building Inspector until such time as all approvals have been met.

f. Applications must be accompanied by plans showing all elevations of new structures and all affected elevations in the case of additions or alterations. When required by the Building Inspector or the Board of Architectural Review a site plan shall be submitted showing both existing and proposed contours at 5 foot intervals, all existing trees with a trunk diameter of 12 inches or more at a point 3 feet above the ground level and whether such trees shall remain or be removed and/or other topographical features existing or planned but not limited to all changes in grades and berms.

10-108; Standards for Architectural Review Board Action

Approval of any building permit shall be by a vote of a majority of the members of the Board of Architectural Review.

In considering an application for a permit the Architectural Review Board 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 encouraging the most appropriate use of land.

The Architectural Review Board 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 the submitted plan would be in harmony with the purpose of this article, would not be visually offensive or inappropriate by reason of poor quality of exterior design or materials, 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 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 effect the functioning economic stability, prosperity, health, safety and general welfare of the entire community.

In approving any application the Architectural Review Board may impose appropriate conditions and safeguards, designed to prevent the harmful effects set forth in section 10-100.

The Architectural Review Board may disapprove any application for a permit, 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 or altered as indicated, provoke one or more of the harmful effects set forth-in section 10-100 by reason of:

a. monotonous similarity to any other structure or structures or proposed to be located on the same street or a corner thereof and within 250 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 design and appearance:

1. substantially identical facade, disregarding color

2. 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

3. other substantially identical features such as, but not limited to, setbacks from street lines, heights, widths and lengths or elements of the building design, and exterior materials and treatments;

b. striking dissimilarity, visual discord or inappropriateness with respect to other structures located or proposed to be located on the same street or a comer thereof and within 250 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:

1. facade, disregarding color

2. size and arrangement of doors, windows, porticos, porches or garages, or other openings, breaks or extensions in the facade, or

3. 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;

c. Visual offensiveness or other poor qualities of exterior design or materials, including without limitation, considerations of the harmony or discord of colors, or incompatibility of the proposed structure with existing structures in the Village or with the terrain on which it is to be located, but not limited to excessive divergences of the heights or levels of any part of the structure from the grade of the terrain.

d. The Architectural Review Board shall maintain the desirable character of the Village and disapprove the construction, reconstruction, alteration and development of buildings that are designed without consideration of the harmonious relation of the new or altered building to such buildings as already exist and make up the identity of the community.

e. The Architectural Review Board shall maintain the identity an heritage of the community of the Village of Dering Harbor in its review and decision-making process. The identity of the community of the Village of Dering Harbor is founded on its past; and the historic, architectural, cultural and natural resources of the community of the Village of Dering Harbor constitute its heritage.

f. It is the purpose of the Architectural Review Board to preserve and enhance the character, history, historical interest, beauty, general welfare and property values of the Village of Dering Harbor (Amended by Local Law 2 of 2000).

Section 10-11 O; Advisory Powers

The Board of Architectural Review shall advise with respect to public buildings and such other matters as the Board of Trustees, the Board of Appeals and the Planning Commission may refer to it.

Section 10-112 Effect of Disapproval or failure to Act

The Building Inspector shall refuse any building permit application disapproved as provided in Section 10-108. If the Board of Architectural Review shall fail to approve or disapprove any application referred to it under Section 10-106 within thirty days of the date of referral of such application to it, the application shall be considered to have been approved unless the applicant shall have agreed to an extension of time.

Section 10-114 Appeal

Any applicant aggrieved by the action of the Board of Architectural Review in disapproving an application for a building permit and the denial of the permit by the Building Inspector because of such disapproval, may request in writing the issuance of formal findings of fact by the Architectural Review Board. The Architectural Review Board shall make such findings of fact within 30 days of the date the written request is filed in the Village Clerk’s office, by mailing a copy of such findings of fact to the applicant within that period by certified mail. The applicant shall be provided the opportunity to answer the findings of fact of the Architectural Review Board by the submission of formal proof which shall be filed with the Village Clerk within 30 days of the date of the mailing of the findings of fact to the applicant. Upon the filing of an answer with the Village Clerk within thirty days of the mailing of the findings of fact, the Board of Architectural Review shall reconsider the proposed application and the answer to the findings of fact at a public hearing which shall be noticed pursuant to this article. If the application is disapproved after such reconsideration, the applicant may bring a proceeding to review in the manner provided by Article 78 of the Civil Practice Law and Rules in a court of record on the ground that such action is illegal in whole or in part. Such proceeding must be commenced within 30 days after the filing in the office of the Village Clerk of the decision of the Architectural Review Board after its reconsideration of the application. If no answer to the findings of fact is filed with the Village Clerk in writing within thirty (30) days of the mailing of findings of fact to the applicant the opportunity r reconsideration will be deemed unavailable and no further remedy may be taken (Amended by Local Law 2 of2000).

Section l 0-116 Other Laws

This article shall supersede provisions of this code to the extent that they conflict with or are contrary to the provisions of this article. [Ed. Note: Article X added LIL #3, 84]

ARTICLE XI MISCELLANEOUS PROVISIONS

Section 11-100 Parklands
Section 11-102 Subdivision Filing; Fees
Section 11-104 Review by Professional Engineer

Section 11-100 Parklands

Before the Planning Board shall approve any subdivision it shall, in accordance with
Article 7 of the Village Law, decide, pursuant to resolution, whether lands shall be set aside pursuant to Section 7-730, for parks, playgrounds, or other recreational purposes, or whether the Village shall accept in lieu thereof and pursuant to said Village Law Section 7-730 sum of money in an amount to be determined by the Board of Trustees. If the Village Planning Board chooses to accept land, then the amount of land shall equal ten percent of the entire area of the subdivision, and such land shall be chosen by the Planning Board. If the Planning Board chooses to accept money instead of land, then the amount of money shall be determined by the Village Board of Trustees pursuant to an appraisal, equal to ten percent of the land (taken as a whole) in the subdivision. Said land or money shall be employed for the purposes set forth in Section 7-730 of the Village Law.

Section 11-102 Subdivision Filing: Fees

A fee shall be charged and paid at the time each application for Subdivision approval (whether preliminary or final) is filed with the Planning Board. The amount of such fee shall be as generally determined from time to time by the Village Board of Trustees. This fee is not redeemable.

Section 11-104 Review by Professional Engineer

Whenever the Planning Board shall direct that a professional engineer review the installation of drainage, water and sewage disposal facilities, public utilities and road construction in connection with a subdivision application which is pending before the Planning Board, or which has been approved by the Planning Board, the reasonable costs of such review including but not limited to the fees of the professional engineer, shall be paid by the owner of the land being subdivided and reviewed. [Ed. Note: Article XI, added by local law #3 of 1984 to add new Article].