Village of Plandome Heights

[HISTORY: Adopted by the Board of Trustees 2-7-2000 by L.L. No. 1-2000; amended in its entirety 5-1-2000 by L.L. No. 4-2000. Subsequent amendments noted where applicable.]

It is the purpose of this chapter to preserve and promote the character and appearance, and conserve the property values of the Village by providing procedures for an architectural review of buildings and structures henceforth erected, reconstructed or altered in the Village, and thereby to encourage good qualities of exterior building design and good appearances and to relate such design and appearances to existing buildings and structures on the site and to surrounding buildings and structures, and to prevent such design and appearances as are inappropriate by reason of poor quality of exterior design, monotonous similarity or visual discord in relation to existing buildings or structures on the site or on surrounding sites.

A. There is hereby created an Architectural Review Board (ARB). The terms and appointment of members and alternate members shall be as set forth in Chapter 1, General Provisions, Article IV, Boards, of this Code. [Amended 5-3-2004 by L.L. No. 1-2004]

B. Alternate members may serve in the absence of any member. Alternate members shall attend regularly scheduled meetings of the ARB or such meetings as determined by the ARB, and shall be without vote in regard to any application unless he/she is serving in the absence of another member.

C. All members of the ARB shall be persons deemed specially qualified by reason of training, experience or civic interest and by reason of sound judgment to judge the effects of a proposed building or exterior alteration on the nature and character of the community and of the immediate neighborhood, as provided in this chapter.

The Mayor will designate an architect, licensed in the state of New York, subject to the approval of the Board of Trustees, to serve as a consultant to the ARB. The term of the architectural consultant shall be for 1 official year. An architect so retained shall be without vote in regard to any application.^{^[1]}

A. The ARB shall meet monthly as needed. All such meetings shall be open to the public in accordance with the Open Meetings Law.

B. A majority of the ARB shall constitute a quorum for the transaction of business.

C. The ARB shall keep a record of its proceedings. The ARB shall designate a recording secretary to prepare such records. Such records shall be kept in the Village office.

D. A vote of the majority of the 5 members of the ARB shall be necessary to take any action.

A. As soon as practicable, and in any event within 10 business days after receipt of an application for a permit involving the exterior appearance of a new or existing building or structure, or a group of such buildings or structures by the Building Inspector, the Building Inspector shall refer said application to the Village Clerk, who shall promptly transmit the same to the Chair of the ARB or, in the absence of the Chair, to the Deputy Chair of the ARB. Any permit application that does not comply with the zoning regulations must be approved by the Board of Appeals prior to submission to the Architectural Review Board. The Building Inspector shall only refer to the Village Clerk permit applications that are complete and which comply in all respects to Plandome Heights Building and Zoning Code. The Chair or Deputy Chair shall review the application and determine within 15 business days whether further review by the ARB is required or appropriate. [Amended 5-3-2004 by L.L. No. 1-2004]

B. Such further review shall be required by the Chair or Deputy Chair if the application is for construction of any new building or structure, or for an addition to or reconstruction or alteration of any existing building or structure in such manner as to change the exterior character or appearance of the building or structure. Such further review may be required by the Chair or Deputy Chair in all other instances. Any determination by the Chair or Deputy Chair not to conduct further review shall be communicated to the members of the Board of Trustees, including the Mayor, any one of whom may, within 10 days after such communication, overrule such determination and require further review.

C. Where further review by the ARB is to be conducted, the ARB shall meet with the applicant to consider the plans within 15 days of the Chair or Deputy Chair's determination. Such review shall be in accordance with the standards set forth in this chapter. Upon completion of such review, the ARB may approve, approve with modifications, or disapprove any matter referred to it by a concurring vote of a majority of the entire ARB. If the applicant disagrees with the ARB's decision, it may request a public hearing on the application.

D. The ARB shall conduct a public hearing within 28 days after receipt of the applicant's request. At least 10 days prior to such public hearing, the applicant for such permit shall give written notice of such public hearing to all owners of property within 200 feet of the property which is the subject of the application, by certified mail, return receipt requested, or personal delivery, as indicated on the most recent assessment roll of the Village. Proof of mailing or personal delivery of such notice shall be filed with the Village Clerk no later than 5 days prior to such public hearing, and returned certified mail receipts shall be filed with the Village Clerk no later than 1 day before the public hearing.

E. Regular meetings of the ARB shall be posted on the Village public bulletin board and on the local government access channel.

F. In addition to any plans, applications and specifications required by the Building Inspector, applications must be accompanied by plans showing elevations of all proposed new buildings and structures and all affected elevations in the case of additions or alterations to existing buildings and structures. All plans shall be signed and sealed by an architect or engineer licensed in New York State. The plans shall identify the colors and types of materials proposed and, unless waived by the ARB, material and color samples shall be brought to the hearing by the applicant. Photographs of the existing structure shall also be submitted.

G. The Building Inspector or ARB shall be entitled to require the applicant to provide any additional plans deemed necessary for a proper review of the application.

H. Final approved maps or plans, materials and specifications may not be altered in any way without the express prior approval of the ARB. Any requested changes of the approved plans or maps must be submitted for review at least 7 days prior to the next regularly scheduled meeting of the ARB and no construction work involving such changes shall be commenced or continued until approval of the ARB is granted and a building permit is issued. The ARB shall promptly act upon the revised application.

I. The Building Inspector shall, in cases of violation of the procedure in Subsection H of this section, order all work to be halted and, if necessary, revoke the building permit until such time that amended plans or maps are approved by the ARB.

A. In considering an application for a permit, the ARB shall take into account the natural features of the site and surrounding areas, the exterior design and appearance of existing buildings and structures, the character of the site and area, the fact that the Village is a community of traditional homes and the peculiar suitability of the site or area for particular purposes, all with a view toward conserving the values of property, encouraging the most appropriate and consistent uses of land in the Village and maintaining the traditional nature of the Village.

B. The ARB may approve an application upon finding that the building or structure for which the permit is requested, if erected or altered in accordance with the submitted plan:

(1) Would be in harmony with the purposes of this chapter as enumerated in Subsection A;

(2) Would not be visually offensive or inappropriate by reason of incompatible color, material, poor quality of exterior design or appearance, or visual or architectural discord in relation to the site or surrounding properties in the immediate vicinity;

C. In approving an application, the ARB may impose appropriate conditions and safeguards, including a requirement that an applicant plant bushes, shrubs or other landscaping, designed to prevent or minimize adverse effects of the proposed construction or alteration. [Amended 5-3-2004 by L.L. No. 1-2004]

D. The ARB may disapprove any application for a permit, provided that it finds and states that the building or structure for which the permit is requested would, if erected or altered as proposed:

E. Prior to disapproving any application, the ARB shall afford the applicant an opportunity to meet with it and discuss suggestions for changes in the application. The applicant will thereafter have a period of 30 days to submit a revised application in conformity with the ARB's suggested changes.

A. Purpose. These guidelines are intended to facilitate the design review process by encouraging certain design characteristics which are deemed appropriate in achieving the standards set forth in § 4-6.

(4) Pitched roofs should consist of at least 2 sloped surfaces, except when adjoining higher vertical surfaces (e.g., shed roofs).

(5) Pitched roofs shall have a minimum pitch of 1 to 3 (1:3), except at dormers.

(1) Designs should rely on a limited palette of materials. It is preferred that 1 material, such as brick or wood, be used for the body of the building. The use of trim, trim colors and decorative elements such as shutters, molding or other decorative ornamentation, are encouraged.

(2) The ARB strongly encourages the use of durable and enduring materials with proven performance. In particular, cladding and roofing will be reviewed for durability and appearance.

(3) Compatibility of finishing materials with the construction and surrounding dwellings will be a specific consideration in evaluating the applicant's proposed improvements.

D. Garages. If located in a front elevation of a residential building, the door or doors of a garage shall not have a total horizontal dimension which exceeds 50% of the horizontal dimension of the front elevation of the residential building.

E. Mechanical equipment. Exterior mechanical equipment should be excluded from the front elevation, indicated on all drawings, and shielded from view of all streets and adjacent properties.

F. Color. The ARB encourages the use of colors, singly or in combination, which are consistent with the visual character of the existing buildings and landscape of the Village. Strident color schemes or colors which compete with those of the natural landscape are strongly discouraged.

(1) In general, adjacent structures shall not be identical nor mirror images of one another.

(2) The massing and style chosen for structures should match the architectural characteristics of the applicant's house, and should be suitable and appropriate within the context of adjacent existing buildings and the neighborhood.

(3) With any submitted design, the massing, size and shape of all openings, decorative trim and ornamentation should be stylistically consistent.

H. Impact on neighbors. Consideration of the proposed improvement will be given to both visual and functional impacts on neighbors. Visual impact refers to the aesthetic appearance of the property which includes design quality, massing and architectural style. Functional impact refers to such concerns as view, sunlight, ventilation and drainage. Examples of functional impacts include structural additions, which would cause a loss of sunlight to a neighboring dwelling, and an alteration in topography, which would change natural drainage to the detriment of a neighboring property.

If, within 28 days after the date on which an application has been referred to the ARB, or after a revised application has been submitted in accordance with § 4-6E, or such longer period as may be consented to by the applicant, the ARB has not acted on the application, the application shall be deemed approved.

The Building Inspector shall not issue any permit unless the application has been approved by the ARB. In the event that the ARB approves an application on conditions, the Building Inspector shall not issue any permit until all changes in the plans have been made to conform to such conditions and unless all such conditions have been met or complied with. Unless otherwise extended by the ARB, the approval expires 90 days from the date that the decision is filed in the Village Clerk's Office, and, thereafter, the Building Inspector shall not issue a building permit. A request by the applicant for an extension of time to obtain the permit shall be made within the initial ninety-day period in which to obtain the permit.

The applicant shall be responsible for the payment of all fees set forth in the Schedule of Fees and Payments maintained by the Village Clerk.

[1]. Editor's Note: Former Section 6.2, Definitions, as amended 4-2-2001 by L.L. No. 2-2001 and which immediately followed this section, was deleted 5-3-2004 by L.L. No. 1-2004.

[2]. Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

Chapter 8

ASSESSMENT

[HISTORY: Adopted by the Board of Trustees 1-9-1989 by L.L. No. 1-1989. Amendments noted where applicable.]

GENERAL REFERENCES

Taxation — See Ch. 115.

§ 8-1. Intent.

The intent of the Board of Trustees is to implement New York State Real Property Tax Law § 1402(3) providing for the voluntary termination of the Village's status as an assessing unit, as now provided in the New York State Village Law and the New York State Real Property Tax Law. It is also the intent of this chapter to abolish the position of Assessor and to terminate any and all responsibility as provided by law for the review of the assessments of real property located within the Village.

§ 8-2. Cessation of Village as assessing unit.

On or after the effective date of this chapter, the Village shall cease to be an assessing unit.

§ 8-3. Assessor's position abolished.

The position of Assessor in the Village is hereby abolished.

§ 8-4. Board of Assessment Review Abolished.

The Board of Assessment Review in the Village is hereby abolished.

§ 8-5. Taxes to be levied on county assessment roll.

On or after the effective date of this chapter, taxes in the Village shall be levied on a copy of the applicable part of the assessment roll of the County of Nassau with the taxable status date of such County controlling for Village purposes.

§ 8-6. Copy to be filed with county and state.

Within 5 days of the effective date of this chapter, the Board of Trustees shall file a copy of such chapter with the Clerk and Assessor (or Board of Assessors) of the County of Nassau and with the State Board of Real Property Services.

§ 8-7. When effective.

This chapter shall take effect immediately upon filing with the Secretary of State; provided, however, that such chapter is subject to a permissive referendum and the Village Clerk shall forthwith proceed to notice such fact and conduct such referendum if required by petition. This chapter shall remain in full force and effect unless and until rescinded by enactment of a subsequent local law under New York State Real Property Tax Law § 1402(3), as may be amended from time to time, subject to the referendum and notice provisions set forth therein.

Chapter 19

DEFENSE AND INDEMNIFICATION

[HISTORY: Adopted by the Board of Trustees 5-3-2004 by L.L. No. 1-2004. Amendments noted where applicable.]

§ 19-1. Legislative intent.

The purpose of this chapter is to provide legal and financial protection for those individuals serving the Village from losses which may be sustained by them in their individual capacity for actions taken while in the performance of their official duties and responsibilities. In enacting this chapter, the Board of Trustees finds that the State of New York has enacted similar provisions for the legal and financial security of its officers and employees and further finds that such security is also required for local personnel. By enactment of this chapter, the Board of Trustees does not intend to limit or otherwise abrogate any existing right or responsibility of the Village or its employees with regard to indemnification or legal defense. It is solely the intent of this chapter to provide similar coverage for local employees as presently provided for state employees, so as to continue to attract qualified individuals to local government service.

§ 19-2. Definitions.

As used in this chapter, unless the context otherwise requires, the following terms shall have the meanings indicated:

EMPLOYEE — Any person holding a position by election, appointment or employment in the service of the Village whether or not compensated or a volunteer expressly authorized to participate in a municipally sponsored volunteer program, but the term shall not include an independent contractor. The term "employee" shall include a former employee, his estate or judicially appointed personal representative.

§ 19-3. Entitlement to defense.

A. Upon compliance by the employee with the provisions of § 19-5, the Village shall provide for the defense of the employee in any civil action or proceeding in any state or federal court arising out of any alleged act or omission which occurred or is alleged in the complaint to have occurred while the employee was acting within the scope of his public employment or duties or which is brought to enforce a provision of the United States Code Title 42, §§ 1981 or 1983. This duty to provide for a defense shall not arise where such civil action or proceeding is brought by or on behalf of the Village.

B. Subject to the conditions set forth in Subsection A, the employee shall be entitled to be represented by the Village Attorney; provided, however, that the employee shall be entitled to representation by private counsel of his choice in any civil judicial proceeding whenever the Village Attorney determines, based upon his investigation and review of the facts, that representation by the Village Attorney would be inappropriate, or whenever a court of competent jurisdiction, upon appropriate motion or by a special proceeding, determines that a conflict of interest exists and that the employee is entitled to be represented by private counsel of his choice. The Village Attorney shall notify the employee in writing of such determination that the employee is entitled to be represented by private counsel of his choice. The Village Attorney may require, as a condition to payment of the fees and expenses of such representation, that appropriate groups of such employees be represented by the same counsel. If the employee or group of employees is entitled to representation by private counsel under the provisions of this section, the Village Attorney shall so certify to the Board of Trustees. Reasonable attorneys' fees and litigation expenses shall be paid by the Village to such private counsel from time to time during the pendency of the civil action or proceedings, subject to certification that the employee is entitled to representation under the terms and conditions of this section by the head of the department, commission, division, office or agency in which such employee is employed and upon the audit and warrant of the Village Treasurer. Any dispute with respect to representation of multiple employees by a single counsel or the amount of litigation expenses or the reasonableness of attorneys' fees shall be resolved by the court upon motion or by way of a special proceeding.

C. Where the employee delivers process and a request for defense to the Village Attorney as required by § 19-5, the Village Attorney shall take the necessary steps, including the retention of private counsel under the terms and conditions provided in Subsection B on behalf of the employee, to avoid entry of a default judgment pending resolution of any question pertaining to the obligation to provide for a defense.

§ 19-4. Entitlement to indemnification.

A. The Village shall indemnify and save harmless its employees in the amount of any judgment obtained against such employees in any state or federal court or in the amount of any settlement of a claim, provided that the act or omission from which such judgment or settlement arose occurred while the employee was acting within the scope of his public employment or duties. The duty to indemnify and save harmless prescribed by this subsection shall not arise where the injury or damage resulted from intentional wrongdoing or recklessness on the part of the employee.

B. An employee represented by private counsel shall cause to be submitted to the Board of Trustees any proposed settlement which may be subject to the indemnification by the Village, and if not inconsistent with the provisions of this section, the Mayor shall certify such settlement and submit such settlement and certification to the Village Attorney. The Village Attorney shall review such proposed settlement as to form and amount and shall give his approval if in his judgment the settlement is in the best interest of the Village. Nothing in this subsection shall be construed to authorize the Village to indemnify or save harmless an employee with respect to a settlement not so reviewed and approved by the Village Attorney.

C. Upon entry of a final judgment against the employee or upon the settlement of the claim, the employee shall cause to be served a copy of such judgment or settlement, personally or by certified or registered mail within 30 days of the date of entry or settlement, upon the Mayor, and if not inconsistent with the provisions of this section, such judgment or settlement shall be certified for payment by such Mayor. If the Village Attorney concurs in such certification, the judgment or settlement shall be paid upon the audit and warrant of the Village Treasurer.

D. Nothing in this chapter shall authorize the Village to indemnify or save harmless an employee with respect to punitive or exemplary damages, fines or penalties; provided, however, that the Village shall indemnify and save harmless its employees in the amount of any costs, attorneys' fees, damages, fines or penalties which may be imposed by reason of an adjudication that an employee, acting within the scope of his public employment or duties; has, without willfulness or intent on his part, violated a prior order, judgment, consent decree or stipulation of settlement entered in any court of the State of New York or of the United States.

§ 19-5. Responsibility of employee.

The duty to defend or indemnify and save harmless provided by this chapter shall be conditioned upon delivery to the Village Attorney or his assistant at his office, by the employee, of the original or a copy of any summons, complaint, process, notice, demand or pleading within 5 days after he is served with such document and upon the full cooperation of the employee in the defense of such action or proceeding and in the defense of any action or proceeding against the state based upon the same act or omission and in the prosecution of any appeal. Such delivery shall be deemed a request by the employee that the Village provide for his defense pursuant to this chapter.

§ 19-6. Rights of other parties.

The benefits of this chapter shall inure only to employees as defined herein and shall not enlarge or diminish the rights of any other party, nor shall any provisions of this section be construed to affect, alter or repeal any provision of the New York State Workers' Compensation Law.

§ 19-7. Entitlement to statutory benefits.

Pursuant to the provisions of New York State Public Officers Law § 18, the Village hereby confers upon its employees and officers, and agrees to be liable for the costs and expenses of, the benefits of said § 18, which benefits shall supplement and be available in addition to defense or indemnification protection conferred by this chapter.

§ 19-8. Rights of insurers.

The provisions of this chapter shall not be construed to impair, alter, limit or modify the rights and obligations of any insurer under any policy of insurance.

§ 19-9. Applicability.

The provisions of this chapter shall apply to all actions and proceedings pending upon the effective date thereof or thereafter instituted.

§ 19-10. Legal rights preserved.

Except as otherwise specifically provided in this chapter, the provisions of this chapter shall not be construed in any way to impair, alter, limit, modify, abrogate or restrict any immunity available to or conferred upon any unit, entity, officer or employee of the Village, or any right to defense and/or indemnification provided for any governmental officer or employee by, in accordance with or by reason of any other provision of state or federal statutory or common law.

Chapter 23

ETHICS, CODE OF

[HISTORY: Adopted by the Board of Trustees 5-3-2004 by L.L. No. 1-2004. Amendments noted where applicable.]

§ 23-1. Purpose.

Pursuant to the provisions of New York State General Municipal Law § 806, the Board of Trustees recognizes that there are rules of ethical conduct for public officers and employees which must be observed if a high degree of moral conduct is to be obtained and if public confidence is to be maintained in our unit of local government. It is the purpose of this chapter to promulgate these rules of ethical conduct for the officers and employees of the Village. These rules shall serve as a guide for official conduct of the officers and employees of the Village. The rules of ethical conduct of this chapter as adopted shall not conflict with, but shall be in addition to, any prohibition of New York State General Municipal Law Article 18 or any other general or special law relating to ethical conduct and interest in contracts of municipal officers and employees.

§ 23-2. Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

INTEREST — A direct or indirect pecuniary or material benefit accruing to a Village employee as the result of a contract with the Village. For purposes of this chapter, a Village employee shall be deemed to have an interest in the contract of:

A. His spouse, minor children and dependents, except a contract of employment with the Village.

B. A firm, partnership or association of which such Village employee is a member or employee.

C. A corporation of which such Village employee is an officer, director or employee.

D. A corporation, any stock of which is owned or controlled directly or indirectly by such Village employee.

MUNICIPAL OFFICER OR EMPLOYEE — An officer or employee of the Village, whether paid or unpaid, including members of any administrative board, commission or other agency thereof. No person shall be deemed to be a municipal officer or employee solely by reason of being a volunteer fireman or civil defense volunteer, except a fire chief or assistant fire chief.

§ 23-3. Standards of conduct.

Every officer or employee of the Village shall be subject to and abide by the following standards of conduct:

A. Gifts. He shall not directly or indirectly, solicit any gift; or accept or receive any gift having a value of $75 or more, whether in the form of money, services, loan, travel, entertainment, hospitality, thing or promise, or any other form, under circumstances in which it could reasonably be inferred that the gift was intended to influence him, or could reasonably be expected to influence him, in the performance of his official duties or was intended as a reward for any official action on his part.

B. Confidential information. He shall not disclose confidential information acquired by him in the course of his official duties or use such information to further his personal interest.

C. Representation before one's own agency. He shall not receive, or enter into any agreement, express or implied, for compensation for services to be rendered in relation to any matter before any municipal agency of which he is an officer, member or employee or of any municipal agency over which he has jurisdiction or to which he has the power to appoint any member, officer or employee.

D. Representation before any agency for a contingent fee. He shall not receive, or enter into any agreement, express or implied for compensation for services to be rendered in relation to any matter before any agency of his municipality, whereby his compensation is to be dependent or contingent upon any action by such agency with respect to such matter, provided that this subsection shall not prohibit the fixing at any time of fees based upon the reasonable value of the services rendered.

E. Disclosure of interest in legislation. To the extent that he knows thereof, a member of the Board of Trustees and any officer or employee of the Village, whether paid or unpaid, who participates in the discussion or gives official opinion to the Board of Trustees on any legislation before the Board of Trustees shall publicly disclose on the official record the nature and extent of any direct or indirect financial or other private interest he has in such legislation.

F. Investments in conflict with official duties. He shall not invest or hold any investment directly or indirectly in any financial, business, commercial or other private transaction, which creates a conflict with his official duties.

G. Private employment. He shall not engage in, solicit, negotiate for or promise to accept private employment or render services for private interests when such employment or service creates a conflict with or impairs the proper discharge of his official duties.

H. Future employment. He shall not, after the termination of service or employment with such municipality, appear before any board or agency of the Village in relation to any case, proceeding or application in which he personally participated during the period of his service or employment or which was under his active consideration.

§ 23-4. Survival of claims.

Nothing herein shall be deemed to bar or prevent the timely filing by a present or former municipal officer or employee of any claim, account, demand or suit against the Village, or any agency thereof on behalf of himself or any member of his family arising out of any personal injury or property damage or for any lawful benefit authorized or permitted by law.

§ 23-5. Distribution of Code of Ethics.

A. The Mayor shall cause a copy of this Code of Ethics to be distributed to every officer and employee of the Village within 30 days after the effective date of this chapter. Each officer and employee elected or appointed thereafter shall be furnished a copy before entering upon the duties of his office or employment.

B. Failure to distribute any such copy or failure of any officer or employee to receive such copy shall have no effect on the duty of compliance with such code, nor the enforcement provisions thereof.

§ 23-6. Penalties for offenses.

In addition to any penalty contained in any other provision of law, any person who shall knowingly and intentionally violate any of the provisions of this code may be fined, suspended or removed from office or employment, as the case may be, in the manner provided by law.