[HISTORY: Adopted by the Town Board of the
Town of Southeast 8-10-2000 by L.L. No. 4-2000. Amendments noted where
applicable.]
The Town Board of the Town of Southeast hereby
finds that it is in the best interests of the citizens of the Town
of Southeast and protective of their health, safety and economic and
general welfare to enact this chapter for the creation of an Architectural
Review Board (hereinafter referred to as "ARB") empowered to ensure
high standards for the visual environment of the Town of Southeast.
The Town Board hereby finds that effective action by the ARB in inhibiting
development deleterious to the visual environment will prevent loss
of tax revenue to the Town of Southeast which it would otherwise receive
and will prevent destruction of the proper balance between the taxable
value of real property and the cost of Town services provided therefor.
It is the intent of the Town Board to prevent excessive uniformity
of exterior building design in commercial, municipal, recreational
or residential structures where such uniformity shall be deemed inappropriate
and detrimental to the visual environment. It is also the intent of
the Town Board to prevent excessive dissimilarity of exterior building
design in commercial, municipal, recreational or residential structures
where such dissimilarity shall be deemed inappropriate and detrimental
to the visual environment. It is the intent of the Town Board to preserve
the aesthetic value of natural and man-made features and structures
and to prevent the harmful effects of potentially unattractive or
inappropriate projects and the use of potentially unattractive or
inappropriate building materials insofar as they may affect the visual
environment. The Town Board finds that it benefits the interest of
public welfare to ensure high standards of quality of design for commercial,
municipal, recreational and residential structures, exterior landscaping
and development planning and hereby enacts this chapter to achieve
the above-stated purposes.
[Amended 8-18-2005 by L.L. No. 5-2005; 12-3-2020 by L.L. No. 10-2020]
A.
The
ARB shall consist of each member of the Planning Board. The terms
of each member shall run concurrently with his or her corresponding
time on the Planning Board, and appointments of new members shall
be automatic as new members are appointed to the Planning Board.
B.
The
Chairman of the ARB shall be the same Chairman serving on the Planning
Board. The ARB shall meet concurrently with the Planning Board. Special
meetings, as required, may be held by the Planning Board/ARB at its
discretion. All minutes, records, decisions or other official actions
will be recorded as part of the Planning Board's records under
the heading of architectural review and shall be filed with the Town
Clerk and become a public record.
[Amended 11-18-2004 by L.L. No. 12-2004; 6-23-2011 by L.L. No.
7-2011; 1-10-2019 by L.L. No. 1-2019; 12-3-2020 by L.L. No. 10-2020]
A.
The
ARB shall review and advise on all plans in the following categories:
(1)
All applications requiring site plan approval.
(2)
The Town Board shall seek the advice of the ARB on all Town of Southeast
municipal or recreational structures and facilities construction projects
which may affect the visual environment, including but not limited
to the construction of new Town of Southeast municipal facilities.
(3)
The Zoning Board shall seek the advice of the ARB when reviewing
commercial projects which may affect the visual environment.
(4)
Plans for new residential structures in existing residential subdivisions
of five or more lots or proposed subdivisions filed with the Planning
Board.
(5)
Plans for exterior alterations or exterior additions, including the
addition or replacement of fences and stone walls, but excluding general
maintenance or the in-kind replacement of existing materials, to commercial
properties, for which the Building Inspector estimates the cost to
be in excess of $5,000.
B.
Plans in which approval of design and specifications have been legally and specifically delegated to the Town Board and/or the Planning Board may be exempt from mandated ARB review, with the exception of site plan approvals as designated in Subsection A(1). The Town Board may, at its discretion, request ARB review in the case of such plans.
[Amended 12-3-2020 by L.L. No. 10-2020[
A.
Applications
shall be submitted to the Planning Department not less than 15 working
days prior to regularly scheduled meetings of the Planning Board/ARB.
B.
The
ARB shall render its decisions on the basis of its adopted rules and
regulations with full regard for all requirements of due process and
the following guidelines.
C.
Required
submissions. A complete ARB application shall consist of the following
documents and plans:
(1)
Scale plans and elevations showing the nature of construction and
the use of materials to be incorporated in the exterior of the project,
exterior building treatments, including but not limited to siding,
roofing, color, windows, porches and porticos.
(2)
Site plan, at a scale deemed appropriate by the Planning Department,
showing contours at two-foot intervals and the project location, including
all setbacks, yards, driveways, parking areas and adjacent homes,
site plan details to include:
(a)
Landscaping details, including existing and proposed plantings;
(b)
Conceptual signage, including general design, size, placement, lighting and color palette. Conceptual review of a sign or sign program during the site plan approval process shall not constitute sign permit approval. For concurrent review of a permit for a sign or sign program, the applicant shall file an application with the Building Inspector in accordance with Article XII of Chapter 138 of the Code of the Town of Southeast;
(c)
Fencing, including materials, colors and style; and
(d)
Information and/or statement about how the plan fits with its surrounding
neighborhood and viewscapes.
(3)
Area map showing surrounding streets and lots, at a scale deemed
appropriate by the Planning Department.
(4)
Three-dimensional sketch or rendering illustrating significant aspects
of construction and exterior design, when deemed necessary and requested
by the ARB and at a scale deemed appropriate by the ARB.
D.
Exceptions. In appropriate circumstances, the ARB may waive the provision of any items of information listed in Subsection C, Required submissions.
E.
Insofar
as is possible and whenever deemed necessary by the Chairman of the
ARB, members of the ARB shall visit the site of proposed construction.
[Amended 11-18-2004 by L.L. No. 12-2004; 6-23-2011 by L.L. No.
7-2011; 12-3-2020 by L.L. No. 10-2020]
A.
For applications being reviewed in conjunction with site plan approval in accordance with § 3-3A(1), the ARB shall document its decision concurrent with the site plan resolution under a header "architectural review." For applications referred in accordance with § 3-3A(2) through (8) above, the ARB shall report its decision, in writing, within 45 days of its first regular meeting following receipt of a complete application for approval.
B.
The
ARB report shall be made available to the applicant within seven days
of the date at which any decision has been made. The ARB may make
the following findings:
(1)
"Approved." This finding shall be indicative that the plan will not
be detrimental to the visual environment, meets the standards required
by the Town of Southeast and may proceed through prescribed channels
with the approval of the ARB.
(2)
"Approved with conditions." This finding shall be indicative that
the plan will meet the standards of the "approved" category with minor
adjustments. Projects in this category may be issued a building permit
with the requirement that those adjustments be made and documented
to the satisfaction of the Building Inspector. Further review and
approval by the ARB shall not be required in these cases.
(3)
"Action reserved." This finding shall be indicative that insufficient
information is available to the ARB for a final decision. In such
a case, the ARB shall indicate what additional information shall be
required. The Planning Department shall receive that data from the
applicant and shall place the matter on the agenda for consideration
at the earliest possible time.
(4)
"Disapproved." This finding shall be indicative that the plan is
found to be detrimental to the visual environment and beneath the
standards of design required by the Town of Southeast. The disapproved
plan is to be returned to the applicant and to the referring agency,
accompanied by a written explanation of the reasons for the disapproval.
C.
The
ARB may make a determination of excessive similarity or excessive
dissimilarity under one or more of the following conditions:
(1)
Excessive similarity to any other structure existing or for which a building permit has been issued or to any other structure included in the same permit application, facing upon the same or an intersecting street and within 1,000 feet of the proposed site, as measured along the center lines of streets, in residential districts and within 500 feet of the proposed site in any district other than residential, in respect to one or more of the following features of exterior design or appearance: apparently identical front, side or other elevation visible from a street; substantially identical size and arrangement of either doors, windows, porticos or other openings or breaks in the elevation facing the street, including reverse arrangement; other significant identical features of design, including but not limited to material, roofline, height or other design elements, provided that a finding of excessive similarity shall not only state that such similarity exists but that it is of such a nature as to be reasonably expected to provoke one or more of the harmful effects as described in § 3-1 of this chapter.
(2)
Excessive dissimilarity or inappropriateness in relation to any other structures existing or for which a building permit has been issued or to any other structure included in the same permit application, facing upon the same or an intersecting street within 1,000 feet of the proposed site, as measured along the center lines of streets, in a residential district and within 500 feet of a proposed site in any district other than residential, in respect to one or more of the following features: cubical contents, gross floor area, height and other significant design features, including but not limited to materials or quality of architectural design, provided that a finding of excessive dissimilarity shall not only state that such dissimilarity exists but that it is of such a nature as to be reasonably expected to provoke one or more of the harmful effects as described in § 3-1 of this chapter and that the finding shall not be based on personal preference, taste or choice of architectural style.
D.
The
ARB shall make every effort to avoid undue financial hardship on any
applicant in support of the intent of this chapter. However, the factor
of increased construction cost will not automatically be considered
indicative of undue hardship or excessive standards. It is not the
responsibility of the ARB to provide design services to applicants.
E.
Any
plan disapproved by the ARB and accompanied by the report supporting
that disapproval shall be returned to the applicant. It is the intent
of this chapter that such a plan be resubmitted to the ARB for reconsideration
and approval when it has been appropriately modified to meet stated
objections.
F.
Failure
of the ARB to report to the referring agency and/or the Town Clerk
within 60 days of its first regular meeting following receipt of the
application and all necessary plans and information required for approval
shall be construed as indication that the ARB has no objection to
the proposal and intends to issue approval.
G.
Any
substantial change in siting or in the existing appearance of an approved
project may be subject to review and reconsideration by the ARB, at
the discretion of the Building Inspector and/or the Chairman of the
ARB.
H.
The
ARB may, on its own initiative, issue reports concerning and/or recommending
programs or legislation in the interest of preserving or improving
the visual environment.
The ARB shall have no powers of enforcement other than its mandate to approve or disapprove plans presented to it. The ARB report shall be a necessary requirement for completing an application for building permit or an application made to the Planning Board under § 3-3, Jurisdiction. Unless repudiated by appeal, as outlined in § 3-7 of this chapter, decisions of the ARB represent the official position of the Town and its elected Town Board in the effort to maintain high standards for the visual environment as noted in § 3-1 of this chapter.
Any person aggrieved by an action of the ARB
may take an appeal therefrom to the Zoning Board of Appeals of the
Town of Southeast in the same manner as is provided for in the case
of appeals regarding zoning requirements. The Zoning Board of Appeals,
after proceeding in the same manner as is provided for other appeals
before it and with the same power and authority now vested in it under
the provisions of law, may affirm, modify or reverse an appealed action
of the ARB.
