[Added 9-15-1952; amended 10-21-1987 by L.L. No. 10-1987; 8-17-1988 by L.L. No. 2-1988; 2-14-1994 by L.L. No. 4-1994; 4-14-1994 by L.L. No. 6-1994; 4-8-1997 by L.L. No. 3-1997; 3-9-1998 by L.L. No. 2-1998; 9-20-2007 by L.L. No. 5-2007; 11-27-2007 by L.L. No. 8-2007; 9-22-2008 by L.L. No. 4-2008; 2-10-2014 by L.L. No. 2-2014; 6-20-2017 by L.L. No. 3-2017; 11-20-2017 by L.L. No. 6-2017]
It is the purpose of this article to preserve and promote the character, appearance, and aesthetics of the Village and to conserve the property values of the Village by providing procedures for an architectural and preliminary site review of the exterior of proposed new construction and of certain proposed alterations, additions, and reconstruction where such alterations, additions, or reconstruction effect a significant change in the exterior appearance of a building and, by doing so, to:
Encourage good qualities of exterior building design and appearance and to relate such design and appearance to the site and neighboring properties.
Preserve the prevailing aesthetic character of the neighborhood and the Village as a whole, and to enhance the same by means of complementary buildings.
Permit originality and resourcefulness in building designs that are appropriate to the site and the neighboring properties.
Promote and encourage good qualities of architectural design and utilization of land in the erection and reconstruction of new buildings and the exterior refurbishing, reconstruction, and alteration of existing buildings.
Assure that the design and location of any proposed building and the addition, alteration, or reconstruction of any existing building are in harmony with the existing topography of its site, any buildings to remain on the site, and the neighboring properties.
Assure that the development of the site, by grading, hardscape, and landscaping will be in harmony with the existing topography of its site, any buildings to remain on the site, and the neighboring properties.
Discourage and prevent such design, grading, hardscape, landscaping, or insufficient landscaping that would adversely affect or cause the diminution in value of neighboring property, whether improved or unimproved.
Prevent such designs and appearances that would be unnecessarily offensive to visual sensibilities and that would impair the use, enjoyment, value, or desirability of neighboring properties and/or the health, safety, and general welfare of the Village at large.
The Board of Trustees hereby finds that:
Buildings that are visually offensive or inappropriate by reason of poor exterior design, monotonous similarity, or striking visual discord or dissimilarity in relation to their site or neighboring properties would mar the appearances of their areas and would adversely affect the desirability of the neighboring properties and the Village as a whole; and
Such buildings would discourage and prevent the most appropriate development and utilization of the neighboring properties and the Village as a whole; and
Such buildings would impair the use, enjoyment, and desirability and stability of both improved and unimproved neighboring properties and would be detrimental to the character of neighboring properties, produce degeneration of the value of real property with attendant deterioration of conditions affecting the functioning, economic stability, prosperity, health, safety, and morals of the inhabitants of the Village and destroy a proper relationship between the taxable value of real property and the cost of municipal services provided therefor.
That inappropriate grading and hardscape, landscaping, and insufficient landscaping, can impair the use, enjoyment, desirability, and stability of both improved and unimproved property and are detrimental to the character of neighborhoods, produce degeneration of the value of real property with attendant deterioration of conditions affecting the functioning, economic stability, prosperity, health, safety, and morals of the inhabitants of the Village and destroy a proper relationship between the taxable value of real property and the cost of municipal services provided therefor.
It is the purpose of this article to prevent these and other harmful effects and thus to promote the health, safety, morals, and general welfare of the Village.
There is hereby created an Architectural and Preliminary Site Review Board, sometimes hereinafter referred to as the "ARB," consisting of five members to be appointed for terms of one year by the Board of Trustees, by resolution. At least one such member shall be either a member of the Board of Trustees or the Planning Board.
The Chairman of the ARB shall be appointed by the Board of Trustees.
The Board of Trustees shall have the power, by a majority vote of its members, to remove any member of the ARB with or without cause prior to the expiration of his or her term. Vacancies shall be filled for the unexpired term of any member whose place has become vacant.
The ARB shall have the power to appoint a Secretary to the ARB. The Secretary shall review the applications to the ARB, meet and communicate with applicants to assure that applications are complete and accurate, coordinate meetings, prepare agendas, send notices and other communications on behalf of the ARB, attend and take minutes at all ARB meetings, maintain the files of the ARB, and perform such other similar services as may be required by the ARB.
Meetings of the ARB shall be held approximately on a monthly basis at the call of the Chairman of the ARB and at such other times as the Chairman shall determine. The meetings of the ARB shall be open to the public. A majority of the members of the ARB shall constitute a quorum for the transaction of business.
Any plan approved by the ARB shall bear the signed seal of the architect or engineer who submitted it and shall bear the legend "Approved by Architectural and Preliminary Site Review Board, Village of Kings Point," with the date of approval and the signature of at least one ARB member. The Secretary of the ARB shall keep minutes of its proceedings, showing the vote of each member on each question or, if absent or failing to vote, indicating such fact.
The ARB shall have power, from time to time, to adopt, amend, and repeal rules and regulations, not inconsistent with law or the provisions of this article, governing its procedure and the transaction of its business and for the purpose of carrying into effect the standards enumerated in § 161-55. Every rule or regulation, every amendment or repeal thereof, and every order, requirement, decision, or determination of the ARB shall be filed with the Secretary of the ARB.
Prior to the issuance of a building permit for the work described in either Subsection A(1) or (2) below, the applicant shall file with the Secretary of the ARB an application for architectural and preliminary site approval of the plans for the proposed work.
Construction of a new building.
The alteration, addition to, or reconstruction of an existing building that would effect a significant change in the exterior appearance of a building. A change is deemed significant if the change in the facade involves an area equal to or in excess of 20% of the surface area of the wall or walls forming part of that facade as it exists prior to the commencement of any work or if the change in any one or more exterior walls in the building involves a surface area equal to or in excess of 10% of the surface area of all exterior walls of the building prior to the commencement of any work.
Definitions. The following words shall, for the purposes of this article, have the meanings herein indicated:
- Includes such buildings that otherwise would not fall within the definition of "building" set forth in § 161-3, and which may be accessory to the principal building on the site, may be open or closed, and may not be adapted to permanent or continuous occupancy, such as, but not limited to, pergolas, gazebos, and trellises.
- Includes all fencing, pools and their appurtenant equipment, tennis courts, air-conditioning machinery, electric generators, patios, pergolas, gazebos, trellises, walkways, driveways, and all other equipment, structures, and impervious surfaces.
The application and plans submitted shall include architectural renderings accurately depicting the proposed building, topography, landscaping, and hardscape of the site, the identity of all materials and colors which will be incorporated in exterior surfaces of the building, site plan, elevations, and such additional information, such as, but not limited to, sight-line studies and models, as the ARB shall deem appropriate from time to time or for that particular application.
In addition to any other requirements established by the ARB for final approval of such plans, the following items shall be submitted to the ARB at least seven days prior to its next regularly scheduled meeting:
Final revised plans, containing the signed seal of an architect or engineer, licensed by the State of New York, and, printed upon or appended thereto, the agreed upon specifications in regard to building materials and other materials pertinent to the exterior design of the structure.
Said plans must show all elevations of new structure or buildings and, in the case of reconstruction, alterations, or additions, must show all affected elevations.
A proposed landscape plan, which shall include all trees, shrubs, lighting, and hardscape. Final approval of a landscape plan may be adjourned in whole or in part until after all or a substantial portion of the proposed new construction has been completed.
The ARB may, in applications it deems appropriate, waive one or more of the requirements of Subsection D(1), (2), or (3) of this subsection, taking into consideration the nature and extent of the construction proposed, its location, and the undue hardship the applicant may suffer by strict compliance with those requirements.
No building permit shall be issued for the construction, alteration, addition, or reconstruction of a building or structure which is subject to the provisions of this section unless the plans therefor shall have been approved by a vote of at least a majority of the members of the ARB and said approval is still in full force and effect.
Final approved plans, materials, colors, and other specifications may not be substantially altered, as determined by the Building Inspector, without the express prior approval of the ARB. Any requested changes must be submitted for review at least seven days prior to the next regularly scheduled meeting of the ARB, and no construction work involving such changes shall be commenced or continued unless and until the ARB approves such changes. In the event that this section is violated, the Building Inspector shall order all work to be halted and, if necessary, revoke the building permit unless and until such changes are approved by the ARB. As with any other violation of this code, the Board of Trustees may commence a court proceeding to enjoin a violation of this section. If the Village is successful in whole or in part in such proceeding, the Village shall be entitled to recover from the defendants all of its costs and expenses in such litigation, including, but not limited to, the fees of its attorneys, engineers, and other expert witnesses.
Notwithstanding anything to the contrary herein, any application for a building permit for work described in Subsection A(1) or (2) of this section that involves a landmark, landmark site, or historic district shall be referred to the Landmarks Preservation Commission, which shall act as, and in lieu of, and adopt the same procedure as the ARB, with regard to such application, including the right of an aggrieved applicant to appeal to the Board of Zoning and Appeals in accordance with § 161-56.
In considering an application, the ARB shall take into account natural features of the site and surroundings, exterior design and appearances of existing buildings, and the character of the neighborhood and its peculiar suitability for particular purposes, with a view to conserving the value of property and encouraging the most appropriate use of land.
The ARB may approve any application to it upon finding that the building or the portion thereof for which the permit was requested, if constructed, reconstructed, or altered in accordance with the submitted plan, would be in harmony with the purpose of this article, would not be visually offensive or inappropriate by reason of poor quality of exterior design, monotonous similarity or striking visual discord in relation to the site or neighboring properties, would not mar the appearance of the area, would not impair the use, enjoyment, and desirability, or reduce the value of neighboring properties, would not be detrimental to the character of the neighborhood, would not prevent the most appropriate utilization of the site or of adjacent land, and would not adversely affect the functioning, economic stability, prosperity, health, safety, and general welfare of the Village as a whole.
In approving any application, the ARB may impose appropriate conditions and safeguards designed to prevent the harmful effects set forth in § 161-56 as to the exterior design, bulk, materials, and colors, the heights and setbacks, the elevations, and the landscaping and hardscape, as to the principal building, all accessory buildings, and the distances between them, terraces, walls, and other structures, and other impervious coverages.
The ARB may disapprove any application, provided that the ARB has afforded the applicant an opportunity to confer upon suggestions for changes, and provided that the ARB finds and states that the principal building, accessory buildings, walls, other structures, or hardscape, for which the permit was requested, would, if constructed, reconstructed, or altered as indicated, provoke one or more of the harmful effects set forth in § 161-56 hereof by reason of:
Monotonous similarity to any other building located or proposed to be located within 2,000 feet, or too many other buildings within the Village.
A negative striking dissimilarity, visual discord, or inappropriateness with respect to other buildings located or proposed to be located within 2,000 feet.
Visual offensiveness or other poor qualities of exterior design, including but not limited to:
Excessive divergences of the bulk, height, or levels of any part of the building from the existing or proposed grades of the terrain;
The proximity of the buildings to each other (the main building and the accessory buildings), to the extent that it exaggerates the bulk of the buildings;
A lack of harmony or a discord of color;
An incompatibility of the proposed building, refurbishing, reconstruction, alteration, or addition with the terrain on which it is to be located;
A lack of appropriate landscaping to mitigate any adverse impacts from the building, accessory buildings, walls, or other structures or hardscape;
The failure of the exterior design to complement and enhance the natural beauty of its site in regard to landscape, topography, surrounding buildings, and the scenic character of roadways when visible from said surrounding buildings and roadways; or
From light caused by exterior lighting or interior lighting emanating through windows, skylights, and/or glass walls and roofs.
Any applicant or other person aggrieved by the action of the ARB approving, approving with modifications, or disapproving an application and/or the grant or denial of a building permit may request, within 30 days of the filing of the minutes of the ARB, that the ARB make formal findings of fact. In the event of such a request, the ARB shall make such findings of fact within 30 days after the request is filed with the Secretary of the Board. The applicant or other person aggrieved by the action of the ARB may appeal to the Board of Zoning and Appeals, in accordance with its rules, within 30 days after the filing with the Secretary of the Board of the formal findings of fact of the ARB.
Upon filing an application with the ARB, the applicant shall pay to the Village a fee as shall be established from time to time by resolution of the Board of Trustees.
Except as provided in Subsection B hereof, every approval granted by the ARB pursuant to the provisions of this article shall lapse and be of no further force or effect unless within five years after the meeting in which said approval is granted substantial construction has been completed.
The ARB, for good cause shown, or upon a showing of no change in law or facts upon which the ARB would then come to a different conclusion with regard to the subject application, may extend the time within which such substantial construction must be completed, upon written application to it for such extension. In no event, however, shall the ARB grant an extension for more than three years beyond the original five-year period hereinabove provided. In determining whether good cause exists for such extension, the ARB shall consider, among other things, the nature and extent of the construction and the difficulties tending to delay construction.
It shall be unlawful for anyone to substantially change the facade, including but not limited to the roof, doors, windows, and other architectural details, in color, material, or design, of any structure after such facade has been approved by the ARB, without the ARB's prior approval.
It shall be unlawful for anyone to substantially change any hardscape after such hardscape has been approved by the ARB, without the ARB's prior approval.
It shall be unlawful for anyone to fail to maintain and, to the extent as may be necessary, as determined by the Building Inspector, to replant any landscape in accordance with any landscape plan that has been approved by the ARB, for so long as the structure continues to stand for which such landscaping was imposed, without the ARB's prior approval.
It shall be unlawful for anyone to fail to adhere to the conditions imposed by the ARB, for so long as the structure continues to stand for which such conditions were imposed, without the ARB's prior approval.