A.
The Board of Architectural Review of the Village of
Tuxedo Park shall be governed by the provisions of all applicable
state statutes, local laws, ordinances and these rules.
B.
The term "Board" as used in these rules shall mean
the duly appointed Board of Architectural Review of the Village of
Tuxedo Park.
The Board of Trustees finds that:
A.
The Village of Tuxedo Park is unique in its many examples
of excellence in architectural and landscaping design.
B.
The designation of the entire Village as an historic
site and its listing on the National Register of Historic Places by
the United States Department of the Interior is both a recognition
of the unique excellence of architecture and landscaping within the
Village and a mandate to the Village to preserve the values and standards
reflected in such excellence and such designation.
[Amended 12-21-1990 by L.L. No. 1-1990]
C.
Property within the Village derives much of its value
from its proximity to such examples of excellence in architecture
and landscaping, and that when and where structures of poor design
quality or inferior building materials have been erected within the
Village there has been a corresponding diminution in value to adjacent
properties in particular and to properties in general throughout the
Village.
D.
The predominant terrain throughout the Village is
steep, rocky and severe and presents unusual difficulties and challenges
to designers of new construction and landscapers, and that such terrain
does not lend itself to successful development with stock or standard
structure designs but rather requires the skill and attention of trained
professionals who have investigated and addressed the specific site
to be developed.
E.
Special emphasis shall be placed on the State Environmental Quality
Review Act (SEQRA), when applicable.
[Amended 3-18-2009 by L.L. No. 3-2009]
F.
Poor siting, excessive uniformity, dissimilarity,
inappropriateness or poor quality of design in the exterior appearance
of buildings and other structures erected in any neighborhood adversely
affects the desirability of the immediate areas and neighboring areas
for residential and other use and by so doing impairs the benefits
of occupancy of existing 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 thereof and destroys a proper relationship between
the taxable value of real property in such areas and the cost of municipal
services provided. It is the purpose of these governing rules to prevent
these and other harmful effects of such exterior appearances of buildings
and other structures and thus to promote and protect the health, safety,
comfort and general welfare of the community, to promote the public
convenience and prosperity, to conserve the value of the buildings
and to encourage the most appropriate use of land within the Village.
[Amended 6-7-2006 by L.L. No. 3-2006; 1-26-2022 by L.L. No. 1-2022]
A.
There is hereby established a Board of Architectural Review. Such Board shall consist of five members appointed by the Board of Trustees in accordance with all applicable laws. The Board of Trustees shall, by resolution, designate from the members of such Board a Chairman and Deputy Chairman. A quorum shall consist of not less than three members. Each member of such Board shall serve for a term of office as set forth in § 15-13 of the Code of the Village of Tuxedo Park. Any member may be removed by the Mayor for cause after a public hearing.
B.
The Chairman shall decide all points of order and procedure subject
to these rules unless directed otherwise by a majority of the Board.
All matters shall be decided by a roll-call vote. Approval of any
motion shall require a second and at least three aye votes; otherwise
the matter shall be deemed disapproved.
C.
Vacancies shall be filled by appointments made by the Board of Trustees.
D.
In the absence of a quorum, the Chairman may adjourn the meeting
to any subsequent date.
E.
The Board of Architectural Review shall have jurisdiction to approve,
modify or disapprove the landscaping and exterior aesthetics of all
buildings and structures to preserve the aesthetic and architectural
integrity of the Village of Tuxedo Park. It shall also have site plan
jurisdiction to approve, modify or disapprove the existence, location
and architecture for any building and garage renovations and additions,
cabana shed, gazebo, greenhouse, folly, animal shelter and playhouse.
The Board of Architectural Review may, at any time during its review
of an application before it, refer any matter, in whole or in part,
to the Planning Board for a report and recommendation back to the
Board of Architectural Review.
A.
The Board shall hold a monthly public meeting at a
chosen regular time and day at the Village Office. If there is no
immediate business, the Chairman may cancel the meeting by notification
to all members not less than 24 hours prior to the time set for such
meeting.
B.
The Board shall hold an informal work session meeting
at least once per month for the purpose of discussing preliminary
plans and tentative projects. Work sessions may be combined with the
regular monthly meeting, but no official action may be taken at these
work sessions. The Board shall have the option to set the time and
day of these work sessions, and the Chairman shall have the same prerogative
to cancel as for the regular meeting.
C.
The Board may also employ outside professional advisors
such as architects, engineers, landscape designers and architectural
historians to aid in the execution of this article.
D.
When deemed necessary by the Board, a public hearing
may be held for any matter before the Board. At least five days' public
notice is required before a hearing may convene.
E.
Each Board member shall be expected to attend at least
75% of all meetings (regular and special) of the Board. If a member
misses 25% or more of the meetings of the Board held over the last
twelve-month period, that member shall forfeit his/her position on
the Board and be deemed to have resigned from the Board. The Secretary
is responsible for monitoring attendance and notifying the Chair of
such an attendance situation. In such an event, the Chair shall report
the situation to the Mayor and request the appointment of a replacement
member. All Board members shall be expected to attend site visits
of those properties and locations that are the subject of the application
or appeal the Board. The Chair will schedule at least one PB/BAR site
visit for each application or appeal. If a member cannot attend a
site visit, he/she shall perform a site visit on his/her own. In deference
to property owners, the Secretary will make every attempt to notify
applicants of PB/BAR site visits in advance.
[Added 12-21-2005 by L.L. No. 2-2005[1]]
[1]
Editor's Note: This local law also provided
that the twelve-month period should begin the first Monday of the
first month after Local Law No. 2 of 2005 is registered with the State
of New York. Said local law was registered 1-6-2006.
A.
All projects involving new construction, exterior
alteration, demolition, excavation, site work, accessory structures
or any other activity that alters the property's appearance shall
require a Building Permit and must come before the Board of Architectural
Review. Normal repairs and maintenance, if not altering design, structure,
materials or appearance, do not require Board approval.
B.
The applicant shall first request inclusion on an
informal work session agenda. The Board shall require of the applicant:
(1)
A site plan or survey of the property preferably with
topography.
(2)
Sketches, renderings, tear sheets, pictures or other
preliminary depictive information about the project together with
several alternative designs.
(3)
Representation by a registered New York State architect and/or licensed
professional engineer responsible for the design who must be familiar
with the site, SEQRA requirements, neighboring properties, the Zoning
Law and the Village's National Register of Historic Places designation.
The Board may waive the requirement for an architect or engineer,
but only if the proposed project is valued at less than $10,000.
[Amended 12-21-1990 by L.L. No. 1-1990; 3-18-2009 by L.L. No.
3-2009]
(4)
A preliminary landscape plan and any other materials
considered essential by the Board.
(5)
An agenda fee or preliminary review fee as established
by resolution of the Board of Trustees.
[Added 12-21-1990 by L.L. No. 1-1990]
C.
During the first work session discussion, the Board
shall review the overall concept and architectural acceptability of
the project rather than particular details. The Board shall also seek
where appropriate the preliminary opinion of the Building Inspector
regarding compliance with the Zoning Law, Uniform Fire Prevention
and Building Code, water and sewer regulations, etc. The applicant
may attend as many work sessions as he wishes without need of an additional
application fee. During the review period, the applicant shall grant
access to the subject parcel so Village officials may make any site
inspections deemed necessary.
D.
When the applicant is ready to proceed formally, he
or his designated agent shall file an application in the Village Office
as follows:
(1)
Complete and submit two copies of the application
for Building Permit form together with evidence of property ownership
or project authority.
(2)
Submit three sets of the architect's sealed drawings,
including all four elevations, topography, site plan specifications
and key map. The front, rear and both side elevations of the proposed
building must show existing grade lines at the foundation walls and
proposed finished grades. All exterior materials and colors must be
indicated on the elevations.
(3)
Submit two copies of the complete landscaping plan,
including new trees, full perimeter plantings and location of existing
trees over five inches in diameter at 48 inches in height, and designation
of any trees to be removed.
(4)
Submit to the Village Clerk at least 14 days prior
to the meeting, sufficient postage to permit notification by mail
of the project to all neighboring property owners within 500 feet
of the subject property boundaries.
(5)
Pay to the Village Clerk the required formal application
fee as established by the Board of Trustees.
(6)
Complete one copy of the EAF, if applicable.
[Amended 3-18-2009 by L.L. No. 3-2009]
(7)
Include any renderings, photos, models or other supporting
materials that may better convey the proposal to the Board.
E.
When the formal application is fully complete, the
Building Inspector shall, within 45 days of its filing, review that
application for conformance with this chapter, the Uniform Fire Prevention
and Building Code, the water and sewer regulations and any other applicable
regulations or local laws. Any application that is disapproved by
the Building Inspector shall be deemed rejected and shall not proceed
to any other phase of normal review. If approved, the application
shall be placed on the Board of Architectural Review agenda for its
next available formal meeting. However, no application shall be placed
on this agenda unless it is on file at the Village Office at least
10 days prior to said Board meeting.
[Amended 12-21-1990 by L.L. No. 1-1990]
F.
Once approved by the Building Inspector, the application,
if complete, shall move to the Board of Architectural Review. Before
deciding upon any application approved by the Building Inspector,
the Board shall perform any and all necessary SEQRA review, unless
otherwise previously performed by the Planning Board.
[Amended 12-21-1990 by L.L. No. 1-1990; 6-7-2006 by L.L. No. 2-2006; 3-18-2009 by L.L. No. 3-2009]
G.
To be considered complete, an application must conform to Subsection D above, and the applicant and/or his authorized agent must be present at each relevant meeting with the project's architect and engineer. The Board shall then render its decision within the ensuing three formal meetings following the first formal agenda listing for that application. Extensions may occur if requested by the applicant and approved by the Board; if SEQRA requirements have not been met, if the application is deemed incomplete; or if a quorum of the Board is lacking. Approval shall require a second and three favorable votes; otherwise, the matter shall be deemed disapproved. Any application that is not ready for review within six months from its first agenda listing may be deemed void by the Board.
[Amended 12-21-1990 by L.L. No. 1-1990]
H.
Once approved by the Board of Architectural Review,
the Building Inspector is empowered to issue Building Permits, provided
all other requirements of the Village Code and State Building and
other codes, laws, rules and regulations have been satisfied.
[Amended 4-28-2015 by L.L. No. 1-2015]
[Amended 8-17-2005 by L.L. No. 4-2005; 3-15-2006 by L.L. No.
1-2006; 6-7-2006 by L.L. No. 2-2006; 1-26-2022 by L.L. No. 1-2022]
A.
In reviewing applications within its jurisdiction, the Board of Architectural
Review shall take into consideration the aesthetic impacts of conformance
with the applicable zoning regulations of the Village, including,
but not limited to, screening, signs, landscaping, architectural features,
location and dimensions of buildings, adjacent land uses and physical
features meant to protect adjacent land uses, tree removal, adjacent
structures and neighboring properties, visibility of the structure,
appropriateness with the Village's listing on the National Register
of Historic Places, and any other considerations or criteria that
the Village Board of Trustees, by resolution or local law, may, from
time to time, impose upon the Board of Architectural Review.
B.
The Board shall consider if the proposed project exhibits excessive
visual similarity or dissimilarity with nearby structures, either
existing or planned. The basis for this determination shall be exterior
materials, mass line, architectural style and authenticity, natural
landscaping, colors, size, proportion, roof design, window fenestrations
and the potential for visual anachronisms. The Board shall reject
designs which mix design elements from various styles of architecture
or which fail to present a homogeneous whole. For example and without
limiting the generality of the foregoing, the Board shall disapprove
the decorative use of half-timbers or any other elements traditionally
having structural purpose unless the arrangement of such elements
and the overall design of the structure are consistent with the visual
effect of such elements.
C.
The Board shall be mindful of the unique planning, landscaping, architecture
infrastructure and history of the Village of Tuxedo Park which inspired
the United States Department of the Interior to list the entire Village
on the National Register of Historic Places. New projects which tend
to dilute the Village's historic integrity or alter the tradition
of quality design and construction in the Village shall be disapproved.
D.
The Board shall examine the architectural plan and may employ consultants
to assist in evaluation. The applicant's architect shall explain
how the plan complies with the criteria of this section. While the
chosen architectural style is important, the Board shall emphasize
authenticity, scale, accuracy, integrity and detail of design as well.
Such elements as roof pitch and geometry, gables, dormers, window
design and recess, doorways, rails, porches, gutters, eaves, louvers,
garage doors, pillars, sills, planters, etc., shall be scrutinized
for design detail, accurate reproduction, appropriate scale, harmony
and visual integrity. The Board shall reject designs which incorporate
such elements as blank walls, exposed foundations, shallow roof lines,
plastic mullions, frail chimneys, flush windows, aluminum stacks and
erratic placement of windows and doors, etc.
E.
The Board shall, from time to time, promulgate and make available
to the public through the office of the Village Clerk written graphic
architectural and building design and landscape architecture guidelines
or standards to be used by it in treating any application before it
for architectural review. No such guidelines or standards, or any
additions or amendments thereto shall be effective, however, unless
and until the Board of Trustees shall have approved the same by its
resolution after submission to the Board of Trustees for that purpose.
[Amended 12-21-1990 by L.L. No. 1-1990]
The Board may request that a project be reviewed
by the Village Police Department, Village Attorney, Village Public
Works Department or other officials, and agencies to help meet the
intent of this chapter.
Should any aggrieved party seek a reversal or
variance from the decision of this Board or any official, then that
party, as well as the Board or official, shall formally notify the
Board of Zoning Appeals, and both shall be represented at any hearings
held by the Board of Zoning Appeals on that matter. However, approval
by the Board of Zoning Appeals of any portion of a project shall in
no way be deemed implicit approval of the entire project.
Appeals from decisions of the Board of Architectural
Review may be made to the Board of Zoning Appeals in the same manner
as provided for zoning appeals, and the Board of Zoning Appeals may
revise or affirm action of the Board of Architectural Review and the
Building Inspector.
