[HISTORY: Adopted by the Village of Millbrook 10-4-2005. Amendments
noted where applicable.]
Pursuant to the provisions of § 96-a
and Article 5-K of the New York General Municipal Law, it is hereby
declared a matter of public policy that the protection, enhancement,
perpetuation and use of buildings, structures, places and sights of
historic, architectural, cultural or aesthetic value are public necessities
and purposes in the Village of Millbrook. The objectives of this chapter
are to:
A.
Safeguard the heritage of the Village of Millbrook
by preserving the elements of its cultural, social, economic, political
and architectural history.
B.
Protect and enhance the attractiveness of the Village
to home buyers, visitors, shoppers and residents and thereby provide
economic benefits to the Village and its citizens.
C.
Conserve and improve the value of property within
the Village.
D.
Foster, encourage and advise the preservation, restoration
and rehabilitation of structures, areas and neighborhoods.
E.
Foster civic pride in the beauty and history of the
past as represented in the Village.
As used in this chapter, the following terms
shall have the meanings indicated:
The architectural style and general arrangement of such portion
of the exterior of a structure as is designed to be open to view front
a public street or waterway, including the kind and texture of building
materials, siding materials, types of all windows, doors, lights,
fences, signs and other fixtures appurtenant to such-portion.
The Board of Trustees shall appoint an Architectural
Advisory Commission (AAC) composed of five members. Of the members
of the Village AAC first appointed, one shall hold office for the
term of one year, two for the terms of two years and two for the terms
of three years from and after their appointments. In each case, the
successor shall be appointed for the term of three years from and
after the expiration of the term of his predecessor in office.
A.
The AAC shall have the following powers and duties:
(1)
Review of plans. It shall be the duty of the AAC to
review all plans before the Village of Millbrook Planning Board and
building permit applications for the construction, reconstruction,
removal, restoration, alteration or demolition of any exterior architectural
feature within the Village. The AAC must submit its nonbinding recommendations
within 30 days of referral by the Planning Board or Building Department,
and the AAC shall have the power to pass upon such activity before
a building permit is granted, provided that the AAC shall pass only
on the exterior features of a building or structure as are visible
from the public street or waterway and shall not consider interior
arrangements. In deciding upon all such plans, the AAC shall be guided
by the standards for review enumerated below and shall give consideration
to any factors it may deem pertinent, including:
(a)
The historic, cultural or architectural value
and significance of any building or structure.
(b)
The appropriateness and authenticity of the
proposed exterior design, arrangement, texture or material and fenestration
proposed.
(c)
The relationship of the proposed exterior design
and design features to the historic value and architectural style
and character of buildings and structures in the surrounding area
and in the Village.
(d)
The extent to which the action proposed in the
permit application will promote the purposes of this chapter.
(e)
The relationship of the building or structure
to open spaces, public ways, signs, landscaping and accessory uses
located at and nearby the premises being considered.
(2)
Investigate and report. The AAC may investigate, report,
testify and recommend to the Planning Board, the Zoning Board of Appeals,
the Village Board of Trustees and any Village department or official
on matters, permits, authorizations and other actions that affect
buildings, structures and places within the Village.
(3)
Surveys and studies. The AAC may undertake the survey
and study of neighborhoods, areas, sites, places; buildings and structures
that have historic, architectural, cultural or aesthetic value. Pursuant
to such survey and study, the AAC may propose regulations, special
conditions and restrictions as may be appropriate to serve the purposes
of this chapter.
(4)
Retain specialists. The AAC may retain such specialists,
consultants or experts to aid in its duties and to pay for their services,
not exceeding, in all, the appropriation made for such purpose by
the Village Board of Trustees. The AAC may call upon available Village
staff members as well as other individuals for technical advice.
(5)
Assist property owners. The AAC may advise owners
of property or structures within the Village on the physical and financial
aspects of preservation, renovation, rehabilitation and reuse.
(6)
Other powers. The AAC may undertake any other action
or activity necessary or appropriate to the implementation of its
powers and duties or to the advancement of the purposes set forth
in this chapter.
B.
The AAC is not authorized to regulate or limit the
bulk of buildings, to regulate and determine the areas of yards, courts
and other open spaces, to regulate density of population or to regulate
and restrict the locations of trades and businesses or the locations
of buildings designed for specific uses or to create villages for
any such purpose. These powers are those of the Board of Trustees,
as the case may be, or the Zoning Board of Appeals and/or Planning
Board
C.
Notwithstanding any other provisions of this chapter, the AAC is hereby authorized to provide a nonbinding recommendation to the Planning Board to limit the height of buildings where the AAC has determined that in consideration of any factors it may deem pertinent, including those factors specifically set forth in Subsection A(1)(a) through (e) of § 240-4, such regulation and/or limitation is required to accomplish the purposes set forth in § 240-1 of this chapter.
D.
Notwithstanding any other provisions of this chapter, the AAC is hereby authorized to provide recommendations on the size and location of all mechanical equipment to be installed, located and/or maintained outside of buildings, either freestanding or attached and whether or not such equipment can be seen from a public way. Typical of such mechanical equipment are air-conditioning and/or heating units or appliances and/or water-cooling systems or towers. This shall not apply to window-installed air-conditioning units. The AAC, in performing such regulation and limitation, shall take into account any of the factors it may deem pertinent, including those factors specifically set forth in Subsection A(1)(a) through (e) of § 240-4. The AAC shall also consider such measures as camouflaging and/or screening the mechanical equipment from public view and the view of neighbors.
The AAC shall be guided by the following standards
in issuing its recommendations:
A.
Alterations and additions.
(1)
Alterations and additions to existing buildings shall
either be made consistent with the spirit of their architectural style
or shall alter the structure to an appearance consistent with the
architectural styles of historic value existing in the Village. Alternatively,
contemporary design for alterations and additions to existing properties
may be permitted when such alterations and additions do not destroy
significant historical, architectural or cultural material and such
design is compatible with the size, scale, material and character
of the property, neighborhood or environment. In applying the principles
of consistency and compatibility with the architectural styles existing
in the Village, the AAC shall consider the following factors: composition,
design, texture and other visual qualities.
(2)
Wherever possible, new additions or alterations to
structures shall be done in such a manner that, if such additions
or alterations were to be removed in the future, the essential form
and integrity of the structure would be unimpaired.
B.
New construction.
(1)
New construction shall be consistent with the architectural
styles of historic value in the applicable Village. On sites of proposed
new construction, where structures adjoining the site are of significantly
dissimilar periods or styles of architecture, the AAC may recommend
approval of such period or style of architecture as it deems proper
for the site and in the best interests of the Village.
(2)
In applying the principles of consistency and compatibility
with the architectural styles existing in the Village, the AAC shall
consider the following factors: composition, design, texture and other
visual qualities.
C.
Repairs. Deteriorated architectural features shall
be repaired rather than replaced, wherever possible. In the event
that replacement is necessary, the new material should match the material
being replaced in composition, design, texture and other visual qualities.
Repair or replacement of missing architectural features should be
based on accurate duplications of features, substantiated by historical,
physical or pictorial evidence, rather than on conjectural designs
or the availability of different architectural elements from other
buildings or structures.
D.
Additional general standards.
(1)
The distinguishing original qualities or character
of any significant building, structure or site and its environment
shall not be destroyed. The removal or alteration of any historic
material or distinctive architectural features should be avoided when
possible.
(2)
All buildings, structures and sites shall be recognized
as products of their own time. Alterations that have no historical
basis and that seek to create an earlier appearance shall be discouraged.
(3)
Distinctive stylistic features or examples of skilled
craftsmanship which characterize a building, structure or site shall
be treated with sensitivity.
(4)
Every reasonable effort shall be made to protect and
preserve archaeological resources affected by or adjacent to any project.
E.
Demolition.
(1)
Except in a PUD Zone, demolition is recommended to
occur only after the developer of the site has submitted and obtained
approval for his plans for new development, including AAC recommendations
on new construction, including an acceptable timetable and guaranties
which may include performance bonds for demolition and completion
of the project. No structure maybe demolished unless the AAC finds
that:
(a)
Preservation of the structure is not warranted
under general standards set forth in this section; or
(b)
The structure is deteriorating and that the
owner has demonstrated that he cannot economically afford to preserve
the structure. For purposes of this subsection, "economically afford"
means, in the case of a single-family or two-family owner-occupied
house, an inability to preserve the structure without financial hardship;
in the case of rental or commercial property, an inability to earn
a reasonable return on the property if the structure is preserved;
in the case of property owned and used by a nonprofit organization,
an inability to preserve the structure without financial hardship.
(2)
Moving of structures or buildings may be permitted
as an alternative to demolition,
F.
Normal maintenance and repair. Nothing in this chapter
shall be construed to prevent the ordinary maintenance or repair of
any exterior feature in the Village which does not involve a change
in design, material or bulk thereof.
G.
Maintenance. No owner or person with an interest in
real property included within the Village should permit the property
to fall into a serious state of disrepair so as to result in the deterioration
of any exterior architectural feature which would, in the judgment
of the AAC, produce a detrimental effect upon the character of the
Village as a whole or the life and character of the property itself.
A.
Applicability.
(1)
No changes in any exterior architectural feature,
including but not limited to construction, reconstruction, alteration,
restoration, removal or demolition, shall be made except as hereinafter
provided.
(2)
Nothing in this chapter shall be construed to prevent
the construction, reconstruction, alteration or demolition of any
exterior architectural feature which the Building Inspector, with
the advice and consent of the AAC, shall determine is required by
public safety because of dangerous or unsafe conditions.
B.
Building permit. Notwithstanding any inconsistent
local law, code, rule or regulation concerning the issuance of building
permits, no alteration, restoration, construction or demolition of
any exterior architectural feature in the Village shall be commenced
without a thirty-day opportunity for review by the AAC.
C.
Referral.
(1)
The AAC may be referred matters by either the Planning
Board, Zoning Board of Appeals, Village Board of Trustees, or by the
Building Inspector. The referral shall contain the following:
(a)
The name, address and telephone number of the
applicant.
(b)
The location of the building, structure or land
the exterior architectural features of which are proposed to be changed.
(c)
Scale drawings of exterior elevations showing
all proposed changes.
(d)
Samples of materials to be used in the proposed
change.
(e)
Where the proposed change includes signs or
lettering, a scale drawing showing the type of lettering, all dimensions
and colors, a description of materials to be used and the method of
illumination, if any, and a plan showing the location on the building
or property.
(2)
Within a reasonable time after the complete application
is filed with the AAC, but in all events within 30 days, or within
such further time as the applicant, in writing, may allow, the AAC
shall make its recommendation. The AAC will recommend that the proposed
project be approved, disapproved or approved with conditions.
(3)
Recommendations of the AAC shall be in writing and
signed by the Chairman of the AAC. A copy shall be sent to the applicant
by first-class mail, and a copy filed with the Village Clerk's office
for public inspection. The AAC's recommendation shall state the reasons
for denying or modifying any application.
A.
All work performed pursuant to AAC recommendations
and approved by the Planning Board shall conform to any requirements
included therein. It shall be the duty of the Building Inspector to
inspect periodically any such work to assure compliance. In the event
that work is found that is not being performed in accordance with
the recommendations, or upon notification of such fact by the AAC,
the Building Inspector shall issue a stop-work order, and all work
shall immediately cease. No further work shall be undertaken on the
project as long as a stop-work order is in effect.
B.
The Building Inspector is further authorized and empowered
to enforce compliance with all other provisions of this chapter.
Any person who demolishes, alters, constructs
or permits a property to fall into a serious state of disrepair in
violation of this chapter shall be required to restore the property
and its site to its appearance prior to the violation. Any action
to enforce this section shall be brought by the Village Attorney.
This civil remedy shall be in addition to, and not in lieu of, any
criminal prosecution and penalty.
Any applicant aggrieved by the nonbinding recommendations
made by the AAC to any Village body will be required to challenge
the ultimate decision made by either the Planning Board, Zoning Board
of Appeals or Village Board of Trustees by an Article 78 proceeding.
An applicant aggrieved by the Building Inspector's determination may
take an appeal therefrom to the Zoning Board of Appeals pursuant to
Article 7 of the Village Law of the State of New York, or as the same
may be amended from time to time, in the same manner as is provided
for other zoning appeals. Such Board of Appeals, after proceeding
in the same manner as is provided for in other zoning appeals and
with the same power and authority therein vested in passing upon appeals
before it under the provisions of the Village Law and other laws of
the State of New York and this chapter, and in the exercise thereof,
may reverse or affirm or modify and affirm the actions of the AAC's
recommendations to the Building Inspector.
The Mayor shall have the power to remove, after
a public hearing, any member of the AAC for cause. A failure to attend
a majority the AAC's meetings in any calendar year shall constitute
such cause for removal.
