[HISTORY: Adopted by the Board of Trustees
of the Village of Tarrytown 8-17-1987 by L.L. No. 4-1987; amended
in its entirety 7-18-1988 by L.L. No. 6-1988. Subsequent amendments
noted where applicable.]
The Board of Trustees of the Village of Tarrytown
hereby finds that excessive uniformity, dissimilarity, inappropriateness
or poor quality of design in the exterior appearance of buildings
or other structures erected, reconstructed or altered in any area
in the Village of Tarrytown adversely affects the desirability of
the immediate area and the neighboring area within the community for
residential, business or other purposes and by so doing impairs the
benefits of occupancy or use of property in such areas; impairs the
stability and value of both improved and unimproved real property
in such areas; prevents the most appropriate development of such areas;
produces degeneration of property in such areas, with attendant deterioration
of conditions affecting the health, safety, comfort and general welfare
of the inhabitants of the community; and destroys a proper relationship
between the taxable value of real property in the areas and the cost
of municipal services provided therefor. It is the purpose of this
chapter to prevent these and other harmful effects of such exterior
appearances of such buildings or other structures and thus to promote
and protect the health, safety, comfort and general welfare of the
community, to conserve the value of buildings and to encourage the
most appropriate use of land within the Village of Tarrytown.
A.
There is hereby created an Architectural Review Board,
which shall consist of five members, who shall serve without compensation.
All members of the Board shall be residents of the Village of Tarrytown
and shall be specially qualified, by reason of training or experience
in art, architecture, landscape architecture, community planning,
land development, real estate or other relevant business or profession,
to judge the effects of a proposed building or other structure or
alteration thereof upon the desirability, property values and development
of surrounding areas. At least one member of the Board shall be a
registered architect licensed by the State of New York; at least one
other member of the Board shall be experienced in the real estate
business; and at least one other member of the Board shall be appointed
from a list of three or more persons recommended by the official governing
Board of the Historical Society of the Tarrytowns.
B.
The members of the Board shall be appointed by the
Mayor, with the approval of a majority of the Trustees present and
voting, for a term of three years, except that, of the members first
appointed, one shall hold office for a term of one year, two for terms
of two years and two for terms of three years from and after their
appointments. Members of the Board shall continue to hold office until
their successors have been appointed and qualified.
C.
The Mayor shall appoint from among the members of
the Board a Chair, Acting Chair and Secretary. The Village Clerk or
Deputy Clerk shall act as the Clerk of the Board. If a vacancy on
the Board shall occur otherwise than by expiration of term, it shall
be filled by the Mayor for the unexpired term, provided that that
appointment shall maintain on the Board at least one architect, one
other person experienced in real estate and one other person picked
from a panel proposed by the Historical Society, as set forth above.
The Board of Trustees shall have power to remove any member of the
Architectural Review Board for cause and after public hearing. Architectural
Review Board members shall be required to excuse themselves from voting
on any project in which their own financial interests are directly
involved.
D.
There
shall be staff assigned by the Village administration to provide administrative
and clerical support services, namely a Secretary to the Planning
Board, Zoning Board of Appeals and/or Architectural Review Boards,
pursuant to the provisions of Civil Service.
[Added 7-15-2019 by L.L.
No. 6-2019]
A.
Meetings of the Architectural Review Board shall be
open to the public and shall be held at the call of the Chair and
at such times as the Board may determine. Three members of the Board
shall constitute a quorum for the transaction of business. Actions
of the Board must be taken by an affirmative vote of at least three
members.
B.
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 that fact, and shall also keep records of its
examinations and other official actions.
C.
The Board shall have the 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 procedure and the transaction of its business and for the purpose of carrying into effect the standards outlined in § 9-4 below. Every rule or regulation, every amendment or repeal thereof and every order, requirement, decision or determination of the Board shall immediately be filed in the offices of the Board and the Village Clerk and shall be a public record.
[Amended 9-3-2013 by L.L. No. 10-2013]
D.
An application shall be submitted to the Secretary
to the Architectural Review Board at least 18 calendar days prior
to the date of the meeting of the Board. An application not submitted
within the time frame herein established shall not be heard by the
Board until the minimum time frame requirement has been met. Submissions
for subsequent meetings to the Board after the submission of the initial
application shall be submitted to the Secretary to the Architectural
Review Board at least 10 days prior to the meeting.
[Amended 9-3-2013 by L.L. No. 10-2013]
E.
The
Board may request the assistance of consultants as part of their review
of an application or other matter before the Board. In those cases,
the Board shall submit a request for an appropriation of funds to
the Board of Trustees in order for the Board to employ consultants
and to pay for their services and such other expenses as may be necessary
and proper. The Board may not exceed the appropriations that may be
provided for such purposes by the Board of Trustees.
[Added 9-3-2013 by L.L. No. 10-2013]
[Amended 9-15-2014 by L.L. No. 7-2014; 5-4-2020 by L.L. No. 4-2020]
A.
Except where an application for a certificate of appropriateness must be submitted to the Architectural Review Board pursuant to the Landmark and Historic District Act (Chapter 191, Historic Districts and Landmarks), every application for a building permit involving any of the following shall be referred by the Building Inspector to the Architectural Review Board. ARB review is required for applications requiring Planning Board approval, as well as other projects which are detailed as follows:
(1)
Construction of a new building.
(2)
Reconstruction or rehabilitation of buildings with prior Architectural
Review Board approval, which differs from that prior ARB approval.
(3)
Rehabilitation of buildings that involves replacement or introduction
to new exterior features (including but not limited to, windows, doors,
shutters, siding, garage doors and roofing) that are not of the same
kind and style as the existing building, and which are visible from
a public street. For example, while replacement of wood double-hung
windows with vinyl double-hung windows would not require ARB approval,
replacement of double-hung windows with casement windows would.
(4)
All additions of any size for buildings built before 1929. For buildings
built in 1929 or later, either additions to existing buildings where
the proposed addition increases the footprint of the existing building
by 25% or more or results in a square footage or FAR increase of 50%
or more; or additions of any size that either introduce new exterior
features (including, but not limited to, windows, doors, shutters,
siding, garage doors and roofing) that are not of the same kind and
style as the existing building; or paint that is not the same color
as the existing building.
(5)
Fences that are in the front yard (See Schematic Plan 1)[1] or within the required minimum front yard setback (See
Schematic Plan 2) and higher than 30 inches.
[1]
Editor's Note: Said schematic plans are included as an attachment to this chapter.
(6)
Walls, including retaining walls that are in a front yard (See Schematic
Plan 1)[2] or within the required minimum front yard setback (See
Schematic Plan 2) and are visible from a public street.
[2]
Editor's Note: Said schematic plans are included as an attachment to this chapter.
(7)
Walls, including retaining walls that are over 30 inches and that
are within the required minimum side yard or rear yard setback.
(8)
Applications for signage or awnings.
(9)
Applications for a property within the Restricted Retail RR Zone
or commercial properties outside the RR Zone involving:
(a)
Construction, reconstruction or alteration of any building or structure
that affects the portion of the exterior appearance of the building
or other structure that is visible from any public street, except
applications involving only fences, retaining walls, steps, and /or
sidewalks;
(b)
Construction, reconstruction or alteration of any deck or uncovered
porch that affects the exterior appearance of the building or other
structure, is visible from any public street and exceeds 25 square
feet (such size calculation shall include any steps); or
(c)
Construction, reconstruction or alteration of existing/new windows
or security grills that affect the exterior appearance of the building
or other structure and are visible from any public street.
(d)
Painting using different colors than those that exist on the building,
that affect the exterior appearance of the building or other structure
and are visible from any public street.
B.
Exceptions
that apply in every zoning district except for the RR Zone, historic
districts and historic designated structures. Since it is the intent
of the Board of Trustees to provide a process for routine maintenance
or changes and upgrades to buildings that do not result in major,
detrimental departures from the original construction and design of
a structure, applications that are excepted from ARB review include:
(1)
For buildings built after 1929, additions that do not increase the
footprint of the existing building by 25% or more or result in a square
footage or FAR increase of 50% and either are not visible from a public
street; or do not introduce either new exterior features (including,
but not limited to, windows, doors, shutters, siding, garage doors
and roofing) that are not of the same kind and style as the existing
building; or paint that is not the same color as the existing building.
(2)
Fences that are only in the rear yard or side yard setback, less
than 48 inches and not fronting on a street. (Finish of the fence
must face the adjoining property.)
(3)
Walls with Planning Board approvals.
(4)
Walls that are less than 30 inches in height but not within the required
minimum side yard or rear yard setback.
(5)
Steps, and/or sidewalks.
(6)
Painting a building or structure the same colors.
(7)
Painting a building or structure and changing colors from the existing
colors, provided that the colors are in the Benjamin Moore Historical
Color Chart, and the Benjamin Moore White and Off-White Color Charts,
as they may be updated from time to time, maintained in the Building
Department, or an equivalent color palette that has only slight variations
in color hues.
(8)
Adding storm windows to existing windows without making further changes.
(9)
Replacement in kind of structures or fences that obtained prior building
permit with ARB approvals.
C.
The application shall not be referred to the Architectural
Review Board unless and until it conforms in all other respects to
all other applicable laws and ordinances, including but not limited
to necessary approvals from the Zoning Board of Appeals and/or the
Planning Board.
D.
Construction of swimming pools shall not be subject
to review by the Architectural Review Board.
E.
Construction
of photovoltaic cells and cell arrays (solar panels) shall not be
subject to review by the Architectural Review Board, provided that
the construction meets the following criteria:
Notwithstanding the provisions of § 9-6B herein regarding signs, all variances from the provisions of Chapter 251, Signs, shall be submitted to the Architectural Review Board. In review of a request for a sign variance, the Board shall be subject to the same requirements included herein in regard to building permit requests. The applicant for a sign variance shall be required to prove to the Architectural Review Board that the strict application of Chapter 251, Signs, will render a hardship to the applicant. The applicant, in supplying proof of a hardship to the Architectural Review Board, shall demonstrate that there are special circumstances or conditions specific to the property and the sign related thereto that warrant the variance. The Architectural Review Board, in granting a variance, shall grant the minimum variance necessary so that the sign will be in harmony with the surrounding buildings and signage and will not be injurious to the neighborhood or the village. In granting any variance, the Architectural Review Board shall prescribe any appropriate safeguards and conditions applying thereto that it may deem to be necessary or desirable in the public interest, and such determination shall be recorded on the sign permit or the certificate of appropriateness.
A.
Approval; disapproval.
(1)
The Architectural Review Board may approve, approve subject to specified conditions or modifications or disapprove any application for a building permit referred to the Board pursuant to § 9-4 above; provided, however, that the Board shall not disapprove any application unless the Board finds that the construction, reconstruction or alteration for which the permit was applied would, if permitted, be so detrimental to the desirability, property values or development of the surrounding area as to provide one or more of the harmful effects set forth in § 9-1 above by reason of:
(a)
Excessive similarity to any other existing building
or other structure or to any other building or other structure for
which a permit has been issued or to any other building or other structure
included in the same permit application, facing the same street and
within 250 feet of the proposed site, in respect to one or more of
the following features of exterior design and appearance: apparently
identical facade; substantially identical size and arrangement of
doors, windows, porticoes or other openings or breaks in the facade
facing the street, including reverse arrangement; or other significant
identical features, such as material, roofline and height.
(b)
Excessive dissimilarity in relation to any other existing
building or other structure or to any other building or structure
for which a permit has been issued or to any other building or other
structure included in the same permit application and within 250 feet
of the proposed site, in respect to one or more of the following features:
cubical contents; gross floor area; height of building or height of
roof; or other significant design features, such as material or quality
or architectural design.
(2)
A finding of excessive similarity or dissimilarity
shall not be based on personal preference as to taste or choice of
architectural style. Any determination disapproving an application
for a building permit shall set forth:
(3)
Any approval, including approvals subject to specified
conditions or modifications issued pursuant to these rules and regulations,
shall expire of its own limitation 12 months from the date of issuance
if the work authorized thereby is not commenced by the end of such
twelve-month period; and further, any such approval and permit issued
pursuant thereto shall also expire and become null and void if such
authorized work is suspended and abandoned for a period of 12 months
after being commenced. Upon completion of any authorized work related
to a referred application or certificate of appropriateness, no changes
to the faade or exterior portion (including material and color) of
any building shall be permitted. In cases where a building permit
is required, the Building Inspector shall refuse any building permit
application unless said applicant first obtains approval for said
change from the Architectural Review Board pursuant to this section.
[Added 1-3-1994 by L.L. No. 1-1994; amended 4-21-2003 by L.L. No. 4-2003]
B.
Certificates of appropriateness.
(1)
Notwithstanding any inconsistent ordinance, code,
rule or regulation concerning the issuance of building, sign or other
permits, no material change of appearance in any designated feature
of a structure in a designated historic district or of a designated
landmark and no new construction in a designated historic district
or substantially contiguous to and visible without a significant obstruction
from a public street within a historic district or visible without
a significant obstruction from a designated landmark and no demolition
in such district or of a landmark shall be commenced without a certificate
of appropriateness having first been issued. The certificate of appropriateness
required by this section shall be in addition to and not in lieu of
any building, sign or other permit that may be required by any state
or local law or regulation.
[Amended 5-7-2001 by L.L. No. 3-2001]
(2)
Applications for a certificate of appropriateness
shall be submitted to the Board in such form and including such information
as the Board may require.
(3)
Issuance of certificate.
(a)
The Board shall consider the request for a certificate of appropriateness and shall determine whether the proposed material change will be appropriate to the preservation of the district or the landmark in view of the purposes of the Landmark and Historic District Act (Chapter 191, Historic Districts and Landmarks). In passing upon appropriateness, the Board shall consider, in addition to any other pertinent factors, the historical and architectural style, general design, arrangement, texture, material and color of the building component or sign involved and the relationship thereof to other structures in the immediate neighborhood or district.
[1]
With respect to construction, the Board shall
take into consideration the visual relationship between the property
in question and existing structures and the character of the district
and the extent to which a new structure would be harmonious with or
incongruous to the historic, quaint, picturesque or distinctive aspect
of the surroundings.
[2]
With respect to alteration, the Board shall
first take into consideration the visual relationship between the
altered portion of the structure and the remaining portion of the
structure; and second, shall take into consideration the visual relationship
between the property in question and existing structures and the character
of the district and the extent to which the altered structure would
be harmonious with or incongruous to the historic, quaint, picturesque
or distinctive aspect of the surroundings.
[3]
With respect to demolition in whole or in part,
the Board shall consider whether:
[a]
The building is of such architectural or historical
interest that its removal would be to the detriment of the public
interest;
[b]
The building is of such interest that it could
be made into an historic shrine;
[c]
The building is of such old or unusual or uncommon
design, texture or material that it could not be reproduced or could
be reproduced only with great difficulty;
[d]
Retention of the building would help preserve
and protect an historic place or area of historic interest in the
village; and
[e]
Retention will promote the general welfare by
maintaining and increasing real estate values and encouraging interest
in history and architecture.
(b)
If the Board approves a material change proposed,
the Board shall issue a certificate of appropriateness, which shall
specify that work to be done. In issuing such certificate, the Board
may prescribe any conditions that it deems to be necessary to carry
out the intent and purposes of this chapter. A certificate issued
pursuant to this section shall relate solely to proposed plans accompanying
the application or otherwise submitted to the Board for official consideration
prior to issuance of said certificate. It shall be unlawful to deviate
from the plans, including any modifications required as a condition
of the issuance of such certificate, unless and until an amended certificate
shall be applied for and issued. Notwithstanding the foregoing, the
Board shall not issue any such certificate unless and until it has
been advised by the Building Inspector that there is no impediment
to the issuance of any building, sign or other permit as may be required
by applicable state or local law or regulation for said work.
(c)
With respect to an application to raze a landmark
or a structure located in an historic zone, the Architectural Review
Board shall have all rights relating to the approval, disapproval
or approval with conditions related to certificates of appropriateness
but shall also have the right to issue a delayed certificate of appropriateness.
Such certificate shall not permit demolition or razing for a period
of up to 10 months from the date of application therefor, during which
time the Board and the applicant shall undertake serious and continuing
discussion for the purpose of determining alternate methods to save
such property. During such period, the applicant and the Board shall
cooperate in attempting to avoid demolition of the property. At the
end of this ten-month period, if no mutually agreeable method of saving
the subject property bearing a reasonable prospect of eventual success
is underway or if no formal application for funds from any government
unit or nonprofit organization to preserve the subject property is
pending, the Architectural Review Board shall either approve, disapprove
or approve with conditions a certificate of appropriateness.
(d)
If the Board determines that a certificate of appropriateness
should not be issued or that a delayed certificate or a certificate
contingent upon specific structural performance should be issued,
the Board shall notify the applicant, in writing, of such determination
and of the Board's reasons therefor and shall file such notice with
the Village Clerk.
(e)
The Building Inspector shall refuse to grant a building
permit or sign or demolition or other permit in an historic district
or involving a landmark where a certificate of appropriateness has
been denied or where the grant of such permit is not within the terms
and conditions of such certificate of appropriateness which has been
granted.
(4)
Nothing contained in this chapter shall be construed
as authorizing the Architectural Review Board, in acting with respect
to an application for a certificate of appropriateness or in adopting
regulations in relation thereto, to waive any regulation or laws relating
to the Zoning Board of Appeals or the Planning Board. The Board may,
in exercising its powers and performing its functions under this chapter
with reference to an historic district or landmark, apply or impose,
with respect to the construction, reconstruction, alteration, demolition
or use of any structure or sign, determinations or conditions which
are more restrictive than those prescribed or made by or pursuant
to the applicable regulations contained herein or to any other applicable
provisions of law.
(5)
Any certificate of appropriateness and any permit
to raze a building issued pursuant to these rules and regulations
shall expire of its own limitation 12 months from the date of issuance
if the work authorized thereby is not commenced by the end of such
twelve-month period; and further, any such certificate and permit
shall also expire and become null and void if such authorized work
is suspended and abandoned for a period of 12 months after being commenced.
Any period or periods of time during which the right to use any such
certificate or permit is stayed pursuant to these rules and regulations
or to any statutory or judicial rule or order shall be excluded from
the computation of the 12 months.
(6)
Hardship criteria. An applicant whose certificate
of appropriateness has been denied may apply for relief from landmark
designation on the grounds that designation is working a hardship
upon him/her. In order to prove the existence of hardship, the applicant
shall establish that:
[Added 6-19-1989 by L.L. No. 9-1989]
(a)
The property is incapable of earning a reasonable
return, regardless or whether that return represents the most profitable
return possible.
(b)
The property cannot be adapted for any other use,
whether by the current owner or by a purchaser, which would result
in a reasonable return.
(c)
Efforts to find a purchaser interested in acquiring
the property and preserving it have failed.
(d)
In determining whether or not an applicant has established
that the property is incapable of earning a reasonable return, the
Architectural Review Board, in addition to all other facts used to
determine the reasonable return on a parcel of land, shall consider
the increasing market values of the property in the area and the tax
consequences of depreciation on the subject parcel.
(e)
The applicant would suffer significant economic injury
if the application is denied.
(7)
Hardship application procedure.
[Added 6-19-1989 by L.L. No. 9-1989]
(a)
After receiving written notification from the Architectural
Review Board of the denial of a certificate of appropriateness, an
applicant may commence the hardship process. No building permit or
demolition permit shall be issued unless the Architectural Review
Board makes a finding that a hardship exists.
(b)
The Architectural Review Board may hold a public hearing
on the hardship application, at which an opportunity will be provided
for proponents and opponents of the application to present their views.
(c)
The applicant shall consult in good faith with the
Architectural Review Board, local preservation groups and interested
parties in a diligent effort to seek an alternative that will result
in preservation of the property.
(d)
All decisions of the Architectural Review Board shall
be in writing. A copy shall be sent to the applicant by registered
mail and a copy filed with the Village Clerk's office for public inspection.
The Architectural Review Board's decision shall state the reasons
for granting or denying the hardship application.
C.
Maintenance; removing dangerous conditions.
(1)
Every owner or other person in charge of a landmark
building or structure or a building or structure in an historic district
shall keep in good repair all of the exterior portions of such improvements
and all interior portions thereof which, if not so maintained, may
cause or tend to cause the exterior portions of such improvements
to deteriorate, decay or become damaged or otherwise to fall into
a state of disrepair.
(2)
In any case where the Building Inspector shall order
or direct the construction, removal, alteration or demolition of any
improvement on a landmark site or in an historic district for the
purpose of remedying conditions determined to be dangerous to life,
health or property, nothing contained herein shall be construed to
make it unlawful for any person, without prior issuance of a certificate
of appropriateness, to comply with such order or direction. The Building
Inspector shall give the Architectural Review Board notice of any
such proposed order or direction, and the Board shall have the power
to require that the work not materially change the exterior appearance
where the danger of life, health or property may be abated without
detracting from the exterior appearance.
The Building Inspector shall refuse any building permit application that has been disapproved by the Architectural Review Board pursuant to § 9-6 above. The Building Inspector shall forthwith issue a building permit, the application for which has been approved by the Architectural Review Board pursuant to § 9-6 above, provided that all other requirements of law for the issuance of that permit have been met and further provided that the permit shall set forth all conditions or modifications to which the approval by the Board is subject. If the Architectural Review Board fails to render a decision pursuant to § 9-6 above on an application for a building permit within 75 days after the first consideration of the application by the Architectural Review Board, the Board shall be deemed to have approved the application, and the Building Inspector shall forthwith issue the building permit, provided that all other requirements of law for the issuance of that permit have been met. That seventy-five-day period may be extended by mutual consent of the applicant and the Board. The Building Inspector shall determine compliance with the decision of the Architectural Review Board prior to the issuance of a certificate of occupancy. Should the Building Inspector determine that compliance has not occurred, a certificate of occupancy will not be issued until the applicant complies with the decision of the Architectural Review Board.
[Added 10-2-1989 by L.L. No. 14-1989; amended 5-2-2005 by L.L. No. 5-2005; 1-7-2008 by L.L. No.
1-2008]
A.
The Village, at least seven days prior to the Architectural
Review Board meeting, shall place a notice of the matters to be considered
by the Board in a newspaper of general circulation and shall post
in a conspicuous space notice at least 72 hours prior to the meeting.
B.
All
applicants, at least 10 days prior to the public hearing, shall send
written notice by certified mail to owners of property adjacent to
the subject property (on all sides) and across the street from the
subject property and to any other such persons as the Architectural
Review Board may deem necessary, all at the expense of the applicant.
Property owners entitled to notice shall be those listed as owners
on the record in the Village of Tarrytown Tax Assessor's office
as of the date of mailing. The written notice shall contain information
equal to the notice published in the newspaper, and proof of mailing
receipts must be furnished prior to the public hearing.
[Amended 3-7-2016 by L.L.
No. 2-2016]
C.
Additionally, any person making an application is
further required to erect a sign facing each public street on which
the property abuts, giving notice that such application has been made
and that a public hearing will be held. Such signs shall be obtained
from the Building Inspector. Signs are to be displayed for a period
of not less than 10 days immediately preceding the hearing date or
any adjourned hearing date. The sign shall not be set back more than
10 feet from any property or street line and shall not be less than
two feet nor more than six feet above the grade at the property line.
Said sign shall be affixed to a suitable frame which will assure visibility
from the street at all times.
D.
At the commencement of the public hearing before the Architectural Review Board, the applicant is required to file an affidavit which states that the aforementioned public notice requirements have been complied with. The affidavit shall provide the name of the applicant and the location of the property and must state that the applicant has read and is fully familiar with the requirements of § 9-8 of the Code of the Village of Tarrytown and that in accordance therewith he/she has caused written notice to be sent by certified mail, return receipt requested, to all interested parties as directed in the Code and that he/she makes this affidavit knowing that it shall be relied upon by the appropriate officials as proof of compliance with the requirements of the Code of the Village of Tarrytown.
A.
The Architectural Review Board shall assemble and
maintain a current file of all historic districts and landmarks in
the Village designated by the federal or state authorities. The Board
may also establish procedures for the identification and designation
of additional historic districts and landmarks of special importance
to the Village of Tarrytown because of their importance to events
of Village history, their association with the lives of persons significant
to the Village, their importance as examples of art or craftsmanship
or architecture characteristic of a past period in the Village's development
or their capacity to have yielded or their likelihood to yield information
important to prehistory or history in and around the Village. Once
the Board has identified a structure suitable for designation as an
historic landmark or an area suitable for designation as an historic
district, it shall report its recommendation, together with its reasons
therefor, to the Planning Board. The Planning Board shall thereupon
hold a public hearing and then recommend to the Board of Trustees
the rejection of or the amendment of or the whole or partial acceptance
of the Architectural Review Board's recommendation. Notice of the
proposed designation shall be sent by registered mail to the owner
of the property proposed for designation, describing the property
proposed and announcing a public hearing by the Board of Trustees
to consider the designation. When the proposed designation involves
so many owners that individual notice is infeasible, notice may instead
be provided by publication in the official newspaper designated for
that purpose at least 10 days prior to the date of the public hearing.
B.
The Architectural Review Board shall also:
(1)
Maintain and periodically revise listings of historical
sites, buildings and districts and data about them, appropriately
classified with respect to national, state or local significance.
(2)
Formulate recommendations concerning the establishment
of an appropriate system of markers for selected historic and/or architectural
sites and buildings, including proposals for the installation and
care of such historic markers.
(3)
Formulate recommendations concerning the preparation
and publication of maps, brochures and descriptive material about
the village's historic and/or architectural sites and buildings.
(4)
Cooperate with and advise the Board of Trustees, the
Planning Board and other village agencies in matters involving historically
and/or architecturally significant sites and buildings, such as appropriate
land usage, parking facilities and signs, as well as adherence to
our Zoning Regulations[1] having to do with lot dimensions and minimum structural
standards.
(5)
Cooperate with and enlist assistance from the National
Park Service, the National Trust for Historic Preservation, the New
York State Department of Parks, Recreation and Historic Preservation
and other state agencies, public and private, and local agencies concerned
with historic sites and buildings.
(6)
Advise the owners of historic buildings on problems
of preservation.
[Amended 10-2-1989 by L.L. No. 14-1989; 5-6-1991 by L.L. No. 5-1991]
Fees shall be as adopted by resolution of the
Board of Trustees.[1]
[1]
Editor's Note: Such fees are on file and available
for inspection in the office of the Village Clerk during regular office
hours.
Upon the request of the Planning Board and/or
the Zoning Board of Appeals, the Architectural Review Board shall
consult with and advise the requesting Board with respect to any site
plan that the Planning Board is required by law to review or with
respect to zoning appeals that the Zoning Board of Appeals is required
by law to review.
The Historical Architectural Review Board established by the Landmark and Historic District Act (Chapter 191, Historic Districts and Landmarks) is hereby abolished, and the powers, duties and functions of that Board are hereby vested in the Architectural Review Board created by § 9-2 above. Section IIIA of the Landmark and Historic District Act (Local Law No. 3-1978) is hereby repealed.
