Town of Ramapo, NY Article X Architectural Review

§ 376-100 Purpose.

To ensure high standards for the visual environment of the Town of Ramapo, architectural review is to be conducted by the Town's Community Design Review Committee (CDRC) as an integral part of the building, planning and zoning process. Such an architectural review will promote and protect the health, safety, economic and general welfare of the community. Effective action by the CDRC in inhibiting development deleterious to the visual environment will prevent loss of tax revenue to the Town of Ramapo and will prevent destruction of the proper balance between the taxable value of real property and the cost of Town services provided therefor. It is the intent of the Town Board to prevent excessive uniformity of exterior building design in commercial and residential structures where such uniformity shall be deemed inappropriate and detrimental to the visual environment. It is also the intent of the Town Board to prevent excessive dissimilarity of exterior building design in commercial and residential structures where such dissimilarity shall be deemed inappropriate and detrimental to the visual environment. It is the intent of the Town Board to preserve the aesthetic value of natural and man-made features and structures and to prevent the harmful effects of potentially unattractive or inappropriate projects and the use of potentially unattractive or inappropriate building materials insofar as they may affect the visual environment. The Town Board finds that it benefits the interest of public welfare to ensure high standards of quality of design for commercial, industrial and residential structures, exterior landscaping and development planning and, by this article, seeks to achieve these stated purposes.

§ 376-101 Community Design Review Committee.

In addition to its other functions, the CDRC shall act as an architectural board of review. When meeting in its architectural review capacity, a majority of its members shall constitute a quorum for the transaction of business. A vote of the majority of the Committee is required for the Committee to act. A record of its proceedings shall be maintained. The CDRC shall operate under such rules and regulations as it may adopt insofar as they do not supersede any requirements of this article and insofar as they guarantee due process to any applicant. The CDRC shall schedule meetings at regular intervals and in accordance with all provisions of the New York State Open Meetings Law.[1] The Committee members shall designate a Chairperson from among its members.

[1] Editor's Note: See Public Officers Law § 100 et seq.

§ 376-102 Jurisdiction.

A. The CDRC shall conduct an architectural review and advise on all plans in the following categories:

(1) Plans for all nonresidential structures requiring a certificate of occupancy or use.

(2) Plans for all residential structures, except single-family detached residences and accessory structures to single-family detached or single-family semiattached residences, except as provided in Subsection A(3) below.

(3) Plans for new residential structures in proposed subdivisions filed with the Planning Board. These structures shall include single-family detached residences and accessory structures to single-family detached or single-family semiattached residences.

[Amended 8-15-2013 by L.L. No. 5-2013]

(4) Plans for new residential structures in approved subdivisions where building permits have not been obtained by the effective date of this chapter, except single-family detached residences and accessory structures to single-family detached or single-family semiattached residences.

(5) Plans not bearing the seal of an architect registered in the State of New York.

(6) Plans for exterior alterations or exterior additions to residential or commercial structures for which the Building Inspector estimates the cost to be in excess of $15,000.

(7) All site development plans submitted to the Planning Board.

[Amended 8-15-2013 by L.L. No. 5-2013]

(8) Petitions for special permit uses when CDRC advice on such a petition is requested by the Town Board.

(9) Plans or proposals which in the opinion of the Building Inspector violate the spirit and intent of this chapter.

(10) Plans in which approval of design and specifications have been legally and specifically delegated to the Town Board and/or the Planning Board may be exempt from mandated CDRC review with the exception of site plan approvals as designated in Subsection A(6) above. The Town Board and/or Planning Board may, in its discretion, request CDRC review in the case of such plans.

B. Where architectural review and approval is required, no building permit may be issued by the Building Inspector until such approval is obtained.

§ 376-103 Review procedures.

A. Where architectural review is required, an applicant should apply as soon as practicable to enable a prompt review by CDRC and to enable coordination of review and decisions by the CDRC and other approving bodies or officials, as may be appropriate.

[Amended 8-15-2013 by L.L. No. 5-2013]

B. The CDRC shall render its decision on the basis of its adopted rules and regulations with full regard to all requirements of due process and the following guidelines. The Director of Building, Planning and Zoning shall assist the applicant and shall collate essential plans and information already filed with the Planning Board or Building Department for the purpose of presenting cases to the CDRC. Such essential plans and information shall include, but not necessarily be limited to:

[Amended 8-15-2013 by L.L. No. 5-2013]

(1) Planning Board file.

(2) Building Department file, including files on all previously approved buildings in the subdivision.

(3) Scale materials and elevations showing the nature of construction and the use of materials to be incorporated in the exterior of the project.

(4) Site plan, at a scale deemed appropriate by the Building Inspector, showing contours at two-foot intervals and the project location, including all setbacks, yards, driveways, parking areas and adjacent homes.

(5) Area map showing surrounding streets and lots, at a scale deemed appropriate by the Building Inspector.

(6) Three-dimensional sketch or rendering illustrating significant aspects of construction and exterior design, when deemed necessary or useful and requested by the CDRC and at a scale deemed appropriate by the CDRC.

C. The Building Inspector shall encourage submission by applicants of preliminary designs for CDRC review and comment prior to final design submission to avoid the financial burden of completing drawings or designs that may be questionable.

D. An application fee in accordance with the Standard Schedule of Fees of the Town of Ramapo shall be submitted to the Building Department by owner.

E. The CDRC shall make every effort to avoid undue financial hardship on any applicant in support of the intent of this chapter. However, the factor of increased construction cost will not automatically be considered indicative of undue hardship or excessive standards. It is not the responsibility of the CDRC to provide design services to applicants. Design guidelines as may be adopted by the Town shall be made available to all applicants.

F. Any plan disapproved by the CDRC and accompanied by the report surrounding that disapproval shall be returned to the applicant by the Building Inspector. It is the intent of this chapter that such a plan be resubmitted to the CDRC for reconsideration and approval when it has been appropriately modified to meet stated objections.

G. Failure of the CDRC to report to the referring agency and/or the Town Clerk within 45 days of its first regular meeting following receipt of an application and all necessary plans and information required for approval shall be construed as indication that the CDRC has no objection to the proposal and intends to issue its approval.

H. Any substantial change in siting or in the exterior appearance of an approved project may be subject to review and reconsideration by the CDRC at the discretion of the Building Inspector.

§ 376-104 Decision process; actions following decisions.

A. The CDRC shall report its decision on each case referred to it, in writing, within 45 days of its first regular meeting following receipt of application for approval. Copies of such reports are to be distributed to any agency of the Town of Ramapo concerned with the project under consideration. A copy of each such report shall be placed in the Building Department file.

B. The CDRC may make the following findings:

(1) "Approved." This finding shall be indicative that the plan will not be detrimental to the visual environment, meets the standards required by the Town of Ramapo and may proceed through prescribed channels with the approval of the CDRC.

(2) "Approved with conditions." This finding shall be indicative that the plan will meet the standards of the "approved" category with minor adjustments. Projects in this category may be issued a building permit with the requirement that those adjustments be made and documented to the satisfaction of the Building Inspector. Further review and approval by the CDRC shall not be required.

(3) "Action reserved." This finding shall be indicative that insufficient information is available to the CDRC for a final decision. In such a case, the CDRC shall indicate what additional information is required. Upon receipt by the Building Inspector of the additional data from the applicant, the matter shall be placed on the CDRC agenda for further consideration at the earliest possible time.

(4) "Disapproved." This finding shall be indicative that the plan is found to be detrimental to the visual environment and beneath the standards of design required by the Town of Ramapo. The disapproved plan is to be returned to the applicant and to the referring agency, accompanied by a written explanation of the reasons for the disapproval.

C. The CDRC may make a determination of excessive similarity or excessive dissimilarity under one or more of the following conditions:

(1) Excessive similarity to any other structure existing or for which a building permit has been issued or to any other structure included in the same permit application, facing upon the same or intersecting street and within 1,000 feet of the proposed site as measured along the center lines of streets in residential districts and within 500 feet of the proposed site in any district other than residential, in respect to one or more of the following features of exterior design or appearance: apparently identical front, side or other elevation visible from a street; substantially identical size and arrangement of either doors, windows, porticos or other openings or breaks in the elevation facing the street, including reverse arrangement; other significant identical features of design, including but not limited to material, roofline, height or other design elements, provided that a finding of excessive similarity shall not only state that such similarity exists but that it is of such a nature as to be reasonably expected to cause one or more of the harmful effects as described in § 376-100 of this chapter.

(2) Excessive dissimilarity or inappropriateness in relation to any other structures existing or for which a building permit has been issued or to any other structure included in the same permit application, facing upon the same or intersecting street within 1,000 feet of the proposed site as measured along the center lines of streets in a residential district and within 500 feet of a proposed site in any district other than residential, in respect to one or more of the following features: cubical contents, gross floor area, height and other significant design features, included but not limited to materials or quality of architectural design, provided that a finding of excessive dissimilarity shall not only state that such dissimilarity exists but that it is of such a nature as to be reasonably expected to cause one or more of the harmful effects as described in § 376-100 of this chapter.

§ 376-105 Authority.

The CDRC shall have no powers of enforcement other than its mandate to approve or disapprove plans presented to it. Unless repudiated by appeal, as outlined in § 376-106 of this chapter, decisions of the CDRC represent the official position of the Town of Ramapo and its elected Town Board in the effort to maintain high standards for the visual environment as noted in § 376-100 of this chapter.

§ 376-106 Appeals.

Any person aggrieved by an action of the CDRC may take an appeal therefrom to the Zoning Board of Appeals of the Town of Ramapo in the same manner as is provided for in the case of appeals regarding zoning requirements. The Zoning Board of Appeals, after proceeding in the same manner as is provided for other appeals before it and with the same power and authority now vested in it under the provisions of law, may affirm, modify or reverse an appeal action of the CDRC.