HomeMy WebLinkAbout1990_12_5_Local_Law_No_7 Baud of Architectural Review
Local Law 7-I990
1. Legislative purpose and findings.
A. It is the purpose of this chapter to promote the health,
safety, comfort and general welfare'of the community and to
preserve and promote the character amd appearance and conserve
the
property values of the
unincorporated area of the Down,
time attractiveness of whose residential and business areas is
the economic mainstay of the axmanrnity by providing procedures
for an architectural review of structures hencefort-.h erected,
reconstructed, altered or remodeled in the Town and, thereby:
(1) Zb encourage quality exterior building design and good
appearance and to relate such design and appearance to the
sites and surxuurxzjWs of structures.
(2) 9b permit originality and resourcefulness in building-
design and appearances which are appropriate to the sites and
smrtxrxmndings.
(3) 2b prevent such design and appearances as are offensive to
visual sensibilities.
B. It has been determined thorough review which includes the
Town's Master Plan Update, that there are elements of design
particularly in the Zbwnls business districts which detract
from property and have an adverse visual impact on the
con ty. The Ztawn Board hereby finds that structures which
ate visually offensive or inappropriate, by reason of poor
qualities of exterior design, monotonous similarity or
striking visual discord, including color, in relation to their
sites or surxoundings, mar the appearance of their areas,
impair the use, enjoyment and desirability and reduce the
values of properties, are detrimental to the character of
neighborhoods, prevent the most appropriate development and
utilization of land and, therefore, adversely affect the
functioning, economic stability, prosperity, health, safety
and general welfare of the entire community.
2. Definitions.
As used in this chapter, the followIW teens shall have the
meanings indicated:
PERMIT - A sign permit or building permit for the construction,
reconstruction, alteration or remodeling' of any structure mentioned
in section 5 hereof.
3. Creation, membership, terms of office and reaoxds of Board.
There is hereby created a Board of Architectural Review which
shall consist of five (5) members who shall serve without
cogpen.Cation. All members of the Board shall be residents of time
Ttwn and shall be specially qualified, by .reason of training or
experience in architecture, land developmant, city planning, real
estate, landscape architecture or other relevant business or
profession or by mason of civic interest and sound judgment, to
judge the effects of a proposed buildi_ny or alteration or
rexiedelina therp�of rrmn im,d r7�ci ra Fri I tif�r nmmr! i,�7��� �„7
development of slr z=kI;g areas, and at .feast one' (1) member of
the Board shall be a registered ardutect in the State of New
York. The Chainron and other mZ9>--= of the Baud shall be
appointed by the Town Board. The term of off-log of each me�
shall be three (3) years, except that the first members of the
Board shall be appointed as follows: Chairman and one (I) member
for one (I) year; two (2) members for two (2) Years; one (1) med)er
far- throe (3) years, so that herBafter the terms of office shall
expire on a staggered basis. vacancies shall be filled for the
unexpired term of any member whose position has become vacant. The
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Ot" Board shall appoint a socretary to the Board who shall keep Or
the Board
cause to be
Board.. kept in the 2twn Hall a complete record of all meetings of
as well as a record of all transactions handled by said
4. Meetings, minutes, rules and regulations of Bo's .
Meetings of the Board of Architectural Review shall be held monthly
or at the call of the Chair:tan and at such other times as a
majority of the Board shall determine, but shall be held within
thirty (30) days of the date of the referral of any application for
a building permit xeferred to the Board as
A majority of said Board shall �nstiLute required in Sion 5.
transaction of business. The Board shall keepminu for the
ProceedLWs shOWI the vote of each p minutes of its
if absent or fail" me upon each question or,
ing� to vote, ;ndi atjng such fact and shall also
keep copies of its exanunations and other official actions. The
Board shall have pier from tine to Lune to adopt, amend and repeal
rules and
Of this regulations not inconsistent with law or the provisions
Chapter governing its Procedure and the transaction of its
business and for the purpose of Carrying into effect the standards
outlined in section 6 hereof.
5. Applications for building permits.
A. Every application for a permit for any structure other than a
one (1) or two (2) family house or interior modifications to
y structure which does not otherwise require site plan
approval, a variance or result in an increase in the number
tenants, shall be referred to each member of the Board of
Architectural Review within seven (7) days of the date of
application, provided that it Conforms in other respects to
all other applicable Taws and ordinances.
B. Applications must be accompanied by plans showing all
elevations of new structures and all affected elevations in
the case of additions, alterations or remodeling and such
details as to elements of design, exterior materials and
treatments, roof design, creased me exterior
equiPment, service
and storage areas, retaining walls, landscaping,
awnings, lightposts signs,
P�"�+g' areas and fences, service and
leading areas and such other information as the Board of
Architectural Review my r9quire. When the applicant is
required by any other local law or orriinance to submit plans
for approval , the applicant shall supply the same plans to
the Board of Architectural Ievi.ow. The Board may also require
photographs of all buildings within two hundred fifty (250)
feet of the proposed structure, addition, alteration or
remodeling.
6. standards for Board action: imposition of conditions.
A. Approval of any application shall be by a vote of at least a
majority of the m✓mbers of the Board of Architectural Review.
takes^intA account � ,i• :• :-,�:yi:, uac iwcu �ixu.�.
natural features of the site and
surroundings, exterior design and appearance of existing
structures and the character of the district and its peculiar
suitability for particular pies, with a view to congemiW
the values of and encouraging the mast appropriate use of the
land.
C. The Board my approve an application referx-sd to it upon
finding that the building or structure for which the permit
was requested, if erected or altered in a000rdance with the
6Ubmitt:ed plan, would be in harmony with the purpwe of this
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chapter, would not be visually offensive or inappropriate by
reason of poor quality of exterior design, monotonous
similarity or visual discord, including color, in relation to
the site or its sunrcmdirgs, 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 an appropriate development and utilization of the site
or of adjacent lands and would not adversely affect the
functionirxT economic stability, prosperity, health, safety and
general welfare of the community.
D. In approving any application, the Board may imp se appropriate
conditions and safeguards designed to prevent the harmful
effects set forth in section 1. Such conditions and safeguards
may include screening, planting, fencing or other methods of
keeping from view obviously unsightly feabn-es of such
buildings or structures. Except that, if site plan approval is
rWlircd, the Board shall act in an advisory capacity only,
with regard to elements of design and screening reviewed by
the Planning Board, as is more fully set forth In Section 7 of
this local law.
E. If the Town Beard shall adopt an official design for any
portion of any district or districts established by the Zoning
Ordinance, no building or structure shall be approved by the
Board of Architectural Review unless it shall conform to such
Official design.
P. The 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 plans, and provided
that the Board finds and states that the building or structure
for which the permit was requested would, if erected, altered
( or remodeled as indicated, provoke one (1) or mare of the
han'Lt'd effects set forth in section 1 by reason of:
(I) Striking r g disc nd l ari ty, visual discord or
inappropriatervess with respect to other business or
cm ercial stuctuaes located or proposed to be located on
the same street or a corner thereof, in respect to one (1)
or more of the following features of exterior design and
appearance.
(a) Facade, including color.
(b) Size and arrangement of doors, windows, portions or
other openings, breaks or extensions in the facade.
(c) CUbical content and gross floor area.
(d). Wier significant design features, such as, but not
limited to, heights, widths and lengths of elements of
design, exterior materials and treatments, roof
design, exposed mechanical egLapm°nt, service and
storage areas, retaining walls, landscaping, signs,
lightposts, parking areas and fences, service and
(2) Visual offensiveness or other poor qualities of exterior
design, including, with respect to signs, considerations
of the harmany or discord of colors or incrxnpatibility of
the proposed building or structure with the terrain on
which it is to .be located, including but not limited to
excessive divergences of the height of .levels of any part
of the structure from the grade of the terrain.
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G. The Board of Architectural Review's
written findings shall be
{' filed with the Town Clerk within ten (10) days of the Board of
Architectural Reviews decision.
7. Site Plan, Variances and Special Pe Mits.
If any person files an application for site plan approval, variances
or a special permit, the Board of Architectural Review shall require
that plans and such other information set forth in this chapter., as
it deems necessary, for all buildings or structures on such site, be
Presented to it before a hearing is held on an application for site
Plan aPProval, variances or special permit. The Board of
Architectural Review shall act in an advisory capacity to the
Planning Board and/o- the Zoning Board of Appeals on any elements of
design contained in Chapter 66 A-5 of the 7bpmis Site Plan Review
Iaw and as to aDnditions to be set by the Zoning Board of Appeals
and for Planning Baird which world otherwise fall under the
authority of the Board of Architectural Review. Approval by the
Planning Board of Site plan or a special perAdt or approval by the
Zoning Board of Appeals of variances shall not negate the
requ_irert is of approval by the Board of Architectural Review, as to
the design items set forth in this local law which are not otherwise
delegated to the Plawling Board or Zoni_ug Board of Appeals, prior to
the issuance of any building permit. To the extent that it is
practical the review by the Planning Board or Zonmy Board of
Appeals and the review of the Board of Arrhitectutal Review shall be
concurrent. In instances where the Planning Board or ZonLW Board
of Appeals do not follow the advisory recommendations of the Board
Of ArrJutectural Review, the findings of the Planning Board and/or
Zoning' Board of Appeals shall specify the reasons for not applying
the Baird of Architectural Reviews recomeldations.
S. Advisory powers of Board.
The Baird of Architectural Review shall advise with respect to
public bu ldings and such other matters as the Town Board, the
Zoning Beard of APPeals and the Planning Board may refer to it or as
my be granted it pursuant to other Local Laws or ordinance,
9. Failure of Board to act.
No building permit shall be issued .if the BGarj of Arrhitectural
Review does not approve the application. If the Baird of
Architectural Review shall fail to approve or disapprove any
application referred to it udder Section 5-A Within forty--five (45)
days of the date of referral of such application to it, the
application shall be deemed to have been approved unless the
applicant shall have agreed to an extension of time.
10. Appeals
Any applicant aggrieved by the action of the Board of Architectural
RevieW in ciisapproving a building Permit application, and of the
Building Inspector in denying such perndt because of such
disapproval, may request the Board to make formal findings of fact
within fifteen (15) days after the request is filed in the Town
-i �--•- 1 ...�-.1..�.�c Sri &vv.eu� Lime CtPP-JCL t1]L WIr:n an
opportunity to answer the findings by the submission of formal proof
and shall within thirty (30) clays after the answer is filed
xeaonsider the application on the basis of such answer. If the
application is disapproved after such reconsideration, the applicant
May appeal directly firm such action of the Board of Architectural
Review to the Zoning Board of Appeals. Such appeal shall be taken
within thirty (30) days after the decision of the Board of
Arrdu.tectural Review has baen filed in the off-toe of the Town
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( app cant Imay br as is dismissed by the Zoning card of Appeals, the
Article 78 of the Civil to review in the manner provided by
Such Practice Lahr and Rules in the Supreme
m:.st c"Mnance within Court.
in the office of the ?bwn Clerk of the thirty ytseafo � films
Appeals. ni gr Baud of
11. Applicability of other legislation.
Mi chapter shall Supersede such provisions of the 1Dwn,s L,,ls
• � and 1�gulataons as may be inconsistent herewith.
12. Penalties for offenses.
Any Parson or corporation, including but not limited to the own,_,,architect or builder or the agent Or employee of any of
them, who violates or is accessory to the violation of any provision
of this chapter or any regulation made under the authority conferred
by this chapter; or who shall
urge, mnvett or 7r17ve fit' construct, reconstruct, alter,
any wilding or structure without a
buzld?rxg �t or in violation of any statement or plans submitted
and approved and t7nc�?er the provisions of this chapter, or who shall
use Y '-Idinq, structure or land in violation of this chapter or
anY regulation made under the authority conferred by this chapter or
in violation of the provisions of any building it_t or certificate
or
of ofcuPancY, or without a building permit or certificate of
of
OCOUPar-y where
no One a required by this chapter, shall be liable,
($250.) pi- io • fine of up to two hundred fifty dollars
both, for each Offense,imprisonment for each'and a than fifteen such days, 'or not
continues shall co and each and every day that such violation
nstitute a separate offense. The Bui7dLW
Inspector shall serge or mail rx3ti� of any violation of this
chapter to the last known address
es men of the owner of such property as
°n the
co official assessment rolls or to the person or
gyration axmrutting or pa=t rolls
the same. In addition, the
-Inspector sha11 report all violations to the DC✓n gaud. Nothing in
this chapter shall be construed as depriving ytPM
Board of any other available the civil or the criminal
nab, as provided by law, ray' Bather of a cavil or criminal
13. Public Hearings:
19'e Baud of Atrhitectuzal Review shall hold a public hearing on
every ce of the made to it, notice of which hearing and the
osTthstaaalce of the application shall be given by Publication in the
date of such hearing of the 7bwn at least five (5) days .before the
in and by such other notice as the Board of
Architectutal Review, by duly adopted rule, shall require.
14. Severability:
Should any provision of this local law be declared invalid, any such
invalidity shall not effect any other Provision of this local law.
15. Effective Date
TMS! 7Ck'A2 7—.r -)-77 s_
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