Village of Tuxedo Park, NY
Orange County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
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.
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.
[Amended 6-7-2006 by L.L. No. 3-2006]
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. 
All site plan review in connection with a subdivision application shall be the responsibility of the Planning Board. The Board of Architectural Review shall have the power to approve site plans as set forth in Village Law § 7-725-a, as defined in that law, consistent, however, with any site plan regulations of the Village, for all proposed structures, as that term is defined in § 100-2 of the Code of the Village (Zoning), before a Building Permit shall be issued by the Building Inspector, for the following:
[Added 6-7-2006 by L.L. No. 2-2006; amended 1-16-2008 by L.L. No. 1-2008]
(1) 
All lots containing a habitable building at the time of an application. For purposes of this subsection, a "habitable building" shall mean a building that has a certificate of occupancy, or has had a certificate of occupancy within the last five years, and has functional Village infrastructure connections (i.e., water, sewer and roadway); and
(2) 
The specific siting of a structure within the maximum appropriate buildable envelope designated by the Planning Board in accordance with § 17-3 of the Village Code; and
(3) 
All other site plans not within the Planning Board's site plan approval jurisdiction as set forth in § 17-3B of the Village Code.
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 application moves to the Board of Trustees, which Board is empowered to issue Building Permits. Unless requested, neither the applicant/agent nor his architect/engineer need attend the Board of Trustees' meeting.
[Amended 8-17-2005 by L.L. No. 4-2005; 3-15-2006 by L.L. No. 1-2006]
A. 
In approving site plans, the Board of Architectural Review shall take into consideration conformance with the applicable zoning regulations of the Village, parking, means of access, screening, signs, landscaping, architectural features, location and dimensions of buildings, adjacent land uses and physical features meant to protect adjacent land uses, tree removal, extreme slopes, regulated wetlands, utilities, orientation of the structure on the lot, tailoring to the natural terrain, overdevelopment of the site given the physical and other environmental features of the site, proximity to roads, 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.
[Added 6-7-2006 by L.L. No. 2-2006[1]]
[1]
Editor's Note: This local law also provided for the redesignation of former Subsections A through D as Subsections B through E, respectively.
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, especially its individual tailoring to the site and surrounding structures. 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.