[Added 6-6-2001 by L.L. No. 5-2001]
A.
The Board of Trustees hereby finds that a lack of coordination in
building design and appearance, and excessive similarity, dissimilarity,
inappropriateness or poor quality of design, materials or color in
the exterior appearance of buildings and structures, adversely affects
the values of property in the Village and affects the use of property
in the Village for the purposes for which such property is intended.
Such adverse effects include, without limitation, the impairment of
benefits of ownership and occupancy of properties and stability and
value of both improved and unimproved properties, produces degeneration
of property with attendant conditions affecting the health, safety
and general welfare of the community and destroys a proper relationship
between taxable value of real property and the cost of municipal services
afforded to such properties.
[Amended 3-22-2013 by L.L. No. 3-2013]
B.
It is the purpose of this article to prevent said harmful effects
and thus to promote compatibility within neighborhoods, to promote
the health, safety and general welfare of the community and to preserve
and protect the value of properties therein.
A.
There is hereby created a Design Review Board, which shall consist
of five members appointed by the Mayor with the approval of the Board
of Trustees. The initial appointments shall be made for terms so that
one member's term shall expire at the end of the current official
year, two members' terms shall expire at the end of the next official
year (one year after the end of the current official year) and two
members' terms shall expire at the end of the next official year (two
years after the end of the current official year). Succeeding appointments
shall be made for terms of three years. There shall be a two-term
limit; after one year's absence, a former member may be appointed
for another term. Vacancies occurring for any reason other than expiration
of term shall be filled by appointment by the Mayor, with the approval
of the Board of Trustees, for the balance of the unexpired term.
B.
The Chairperson of the Design Review Board shall be designated by
the Mayor with the approval of the Board of Trustees. Such designation
shall be for a term of one official year and shall expire at the end
of each official year.
C.
All members of the Design Review Board shall be residents of the
Village 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 article. The Board of Trustees may remove members of the Design
Review Board without cause.
D.
Meetings of the Design Review Board shall be held at the call of
the Chairperson or at the request of two members. All such meetings
shall comply with the Open Meetings Law.[1] A majority of the Design Review Board shall constitute
a quorum for the transaction of business.
[1]
Editor's Note: See Art. 7 of the New York State Public Officers
Law.
E.
The Design Review Board may adopt and from time to time amend rules
of procedure not inconsistent with law or the provisions of this article.
F.
The Design Review Board shall meet within 30 days after referral
to the Design Review Board of an application for a permit, as required
by this article. At least 10 days prior to such meeting, the Village
Clerk shall give written notice of such meeting, in a form provided
by the Design Review Board, to all owners of contiguous property and
properties directly across a street or a body of water that is the
subject of the application. Review applications shall be noticed in
the official newspaper. Such notice shall be given to such owners
at the addresses indicated on the most recent assessment roll of the
Village. Proof of mailing of such notice shall be included in the
permit file.
[Amended 7-16-2010 by L.L. No. 2-2010]
A.
Referrals of permit applications; action on review.
(1)
As soon as practicable, and in any event no later than five
business days after receipt by the Zoning Administrator of an application
for a building permit involving the exterior appearance of one or
more new or existing buildings or structures, the Zoning Administrator
shall refer said application to the Design Review Board.
[Amended 3-22-2013 by L.L. No. 3-2013]
(2)
Such application shall be promptly reviewed by a committee of
the Design Review Board, consisting of the Chairperson or one designated
member of the Board (designated by the Chairperson), to determine
whether review by the full Board is required or deemed appropriate.
The task of reviewing applications shall be rotated among the members
of the Board monthly, so that the duty of the designated member shall
not continuously fall on the same member. An application for construction
of any new building or structure shall require review by the full
Board if it appears to be incompatible. An application for an addition
to or reconstruction or alteration of an existing building or structure
shall require review by the full Board if it substantially changes
the character or appearance of the building or structure and appears
to be incompatible. Review by the full Board may be deemed appropriate
in any other instance.
[Amended 3-21-2002 by L.L. No. 1-2002]
(3)
If such committee determines that review by the full Board is
required or deemed appropriate, such application shall be reviewed
by the full Board. If such committee determines that review by the
full Board is neither required nor deemed appropriate, such committee
may grant design approval in writing. Such committee shall timely
act so as to enable compliance by the full Board with the time periods
set forth in this article; failure of such committee to timely act
shall be deemed a determination that review by the full Board is required
or deemed appropriate.
(4)
Where review by the full Board is required or deemed appropriate,
such review shall be in accordance with the standards set forth in
this article. Upon completion of such review, the Design Review Board
may grant design approval or disapprove the application.
(5)
Where review by the full Board is required or deemed appropriate, in addition to meeting within the time period provided in § 196-36.1F, the Design Review Board shall make its determination on the application within 15 days after such meeting or, if the Design Review Board shall require additional documents for its review, within 15 days after the submission has been completed, unless such time is extended in either case by the applicant. If such time expires without such extension, and without a determination by the Design Review Board, design approval shall be deemed to have been granted.
B.
Direct applications.
(1)
In addition to permit applications referred to the Design Review Board as provided in Subsection A above, the Design Review Board also may consider direct applications for review submitted by an applicant in advance of application for a building permit. Any such application for direct review shall include elevation plans of a proposed building or structure or proposed alteration to an existing building or structure. The Design Review Board may require additional material to be included in the application where, in the discretion of the Design Review Board, such additional material would aid in the Board's review.
(2)
Where the Design Review Board finds that it would be inappropriate
or inadvisable to review a direct application, the Design Review Board
may deny the application for direct review without prejudice and require
the applicant to submit building plans in accordance with customary
procedure for application for building permits.
(3)
Where the Design Review Board reviews a direct application,
such review shall be in accordance with the standards set forth in
this article. Upon completion of such review, the Design Review Board
may grant design approval or disapprove the application.
C.
Content of application. Applications must be accompanied by plans
showing elevations of all proposed new buildings and structures and,
in the case of additions or alterations to existing buildings or structures,
all affected elevations. If additional information is required by
the Design Review Board to complete an adequate review, the following
information may be requested: a site plan showing elevation of street,
height of proposed building or structure, elevation at grade, and
a proposed landscape plan. The submission of an application for review
is complete when all required documents have been filed with the Design
Review Board. If submission is not completed within 60 days of the
filing of an application or the request by the Design Review Board
for additional documents, the application shall be deemed to have
been withdrawn.
A.
In considering an application for a permit, the Design Review Board
shall take into account the natural features of the site and surrounding
areas, the exterior design and appearance of existing structures,
the character of the site and the neighborhood, and the peculiar suitability
of the site or neighborhood for particular purposes, all with a view
toward protecting and conserving the values and maintaining the character
of the Village.
B.
The Design Review Board may grant design approval upon finding that
the building or structure for which the permit is requested, if erected
or altered as proposed in the application, would:
(1)
Be in harmony with the purpose of this article;
(2)
Not be visually offensive or incompatible by reason of poor
quality of exterior design or appearance, monotonous similarity or
visual or architectural discord in relation to the site or surrounding
properties in the immediate vicinity;
(3)
Not mar or adversely affect the appearance of the area;
(4)
Not impair the use, enjoyment and desirability or reduce the
values of properties in the neighborhood;
(5)
Not be detrimental to the character of the neighborhood;
(6)
Not prevent the most appropriate development and utilization
of the site or adjacent lands;
(7)
Not adversely affect the general welfare of the area and the
entire community of the Village; and
(8)
Height and scale are appropriate to the size of the lot.
C.
In granting design approval, the Design Review Board may impose appropriate
conditions or modifications to prevent or minimize harmful effects
of the proposed construction or alteration. Where such conditions
or modifications are imposed by the Design Review Board, the Zoning
Administrator shall not issue a building permit unless such conditions
or modifications are incorporated therein or otherwise met or satisfied.
D.
Provided that the Design Review Board has first met with the applicant, or the applicant's representatives, and provided the applicant or the applicant's representatives with an opportunity for such meeting, the Design Review Board may disapprove an application upon finding that the building or structure for which the application has been submitted, if erected or altered as proposed, would provoke one or more of the harmful effects enumerated in Subsection B of this section.
A.
Any person aggrieved by a determination of the Design Review Board
pursuant to this article may appeal the same to the Board of Trustees
by written appeal filed with the Village Clerk no later than 15 days
after such determination.
B.
If an appeal is timely filed, the Board of Trustees may by resolution
stay all proceedings in furtherance of the determination appealed
from during the pendency of such appeal.
C.
Within 30 days after filing of such appeal, the Board of Trustees
may consider the appeal and determine whether to affirm, reverse or
modify the determination from which such appeal was taken. In the
event that the Board of Trustees does not make such a determination
within such thirty-day period, the determination of the Design Review
Board shall be deemed to have been affirmed.
D.
The remedy for any person aggrieved by the determination of the Board of Trustees on such appeal shall be an Article 78 proceeding against the Board of Trustees. The remedy for any person aggrieved by a determination of the Design Review Board which is deemed to have been affirmed pursuant to Subsection C above shall be an Article 78 proceeding against the Design Review Board.
[Amended 7-16-2010 by L.L. No. 2-2010]
A.
Fees. In addition to any other fees provided or required by law,
the applicant shall pay to the Village Clerk a fee established by
resolution of the Board of Trustees for any application for a permit
which requires review by the Design Review Board. No action shall
be taken with respect to any such application until all required fees
have been paid; and, until such payment is made, any time period within
which any act is required to be performed as provided by this article
shall be tolled.
B.
Expiration. The provisions of this Article VIIA shall automatically expire and cease to be in effect as of the date two years after the date of enactment of the local law enacting this Article VIIA, unless the Board of Trustees adopts a resolution (after such enactment date and prior to such expiration date) affirmatively resolving by a vote of a majority plus one of the Board of Trustees that the provisions of this Article VIIA shall continue in effect.[1]
[Added 3-22-2013 by L.L. No. 3-2013]
A.
The
exterior appearance of a building or structure shall not be materially
changed without first obtaining approval from the Design Review Board.
A material change includes a change in exterior materials or color
which materially affects the exterior appearance.
B.
If the material change involves work which requires a building permit, the procedure set forth in § 196-36.2 shall be applicable. If the material change does not involve work which requires a building permit, an application for Design Review Board approval shall be filed with the Zoning Administrator (who shall refer said application to the Design Review Board), and the procedure set forth in § 196-36.2A(2), (3), (4) and (5) shall be applicable.
