[HISTORY: Adopted by the Board of Trustees
of the Village of Roslyn Estates 9-6-1995 by L.L. No. 1-1995;
amended in its entirety 1-6-2003 by L.L. No. 1-2003. Amendments noted where
applicable.]
GENERAL REFERENCES
Zoning — See Ch. 200.
A.
The Board of Trustees hereby finds that:
(1)
Roslyn Estates was created as a planned community
by Dean Alvord, a master designer of the early twentieth century.
Two of the three other communities designed by Alvord are on the National
Register of Historic Places: Prospect South, Brooklyn, New York and
Harbor Oaks, Clearwater, Florida. Roslyn Estates was planned with
a parklike atmosphere created by winding roads, walking paths, numerous
mature trees, considerable architectural diversity, and lots that
conform to a complex hilly site.
(2)
One of the major distinctions between the Village
of Roslyn Estates and most other planned communities is the stress
on diversity of the size, shapes, and topographies of the lots, as
well as the diversity of architectural design of the homes upon them.
(3)
In order to provide that protection, formal requirements
have to be adopted with regard to the procedure and review by the
Architectural Review Board to assure that its members can make knowledgeable
decisions to assure, to the extent practicable, the continued unique
character of the Village, in accordance with the plan laid out by
Dean Alvord and the manner in which the Village has subsequently developed.
(4)
Sufficient power has to be given to the Architectural
Review Board, with regard to its review of buildings, development,
demolition, and landscaping, to assure that its members are authorized
to impose the necessary restrictions on development, architectural
design, the size and location of buildings, the topography of sites,
the preservation of trees and shrubbery, and the planting and maintenance
of new trees and shrubbery, to the extent practicable, to assure the
continued unique character of the Village, in accordance with the
plan laid out by Dean Alvord and the manner in which the Village has
subsequently developed.
(5)
The failure to protect the existing unique plan of
the Village would discourage the most appropriate use of land throughout
the Village and impair the property values of all of the Village residents.
(6)
The removal of landscaping, including trees, shrubbery,
and ground cover, in conjunction with new construction, without adequate
replanting, screening, and provision for surface water drainage, would
adversely affect the desirability of the immediate area and neighboring
areas for residential and commercial purposes.
(7)
The failure to protect the existing unique plan of
the Village with adequate replanting, screening, and provision for
surface water drainage would impair the benefits of occupancy of existing
residential and commercial property, impair the stability and value
of both improved and unimproved real property, produce degeneration
of residential and commercial property, with attendant deterioration
of conditions affecting the health, safety, and welfare of the inhabitants
of the Village and destroy a proper relationship between the taxable
value of real property and the costs of municipal services provided
therefor.
B.
It is the purpose of this chapter to prevent the aforesaid
and other harmful effects and thus to promote and protect the health,
safety, morals, and general welfare of the Village.
A.
The Board of Trustees hereby creates an Architectural
Review Board, sometimes hereinafter, within this chapter, referred
to as the "ARB."
B.
The ARB shall consist of five members, who shall serve
without compensation, and who shall be appointed by the Mayor, subject
to the approval of the Board of Trustees. The Mayor shall annually
appoint one of the members as the Chairperson, and the Chairperson
may, from time to time, appoint a Deputy Chairperson to act on behalf
of the Chairperson when the Chairperson is unable to act. The Mayor
shall appoint, subject to the approval of the Board of Trustees, up
to two persons to serve as alternate members of the ARB. Alternate
members may serve in the absence of any member, upon appointment by
the Chairperson with respect to any meeting of the ARB.
[Amended 9-7-2005 by L.L. No. 7-2005; 5-9-2016 by L.L. No. 3-2016]
C.
Each member shall be appointed for a two-year term,
commencing with the first day of a Village official year. Each alternate
member shall be appointed for a one-year term, commencing with the
first day of a Village official year.
[Amended 9-7-2005 by L.L. No. 7-2005; 5-9-2016 by L.L. No. 3-2016]
D.
Any member of the ARB who fails to attend more than
three monthly meetings of the ARB in any Village year (April 1 through
March 31) shall be deemed to have unconditionally submitted his or
her resignation from the ARB to the Board of Trustees, effective as
of the date of such member's last failure to attend a monthly meeting.
In the event any such resignation is not accepted by the Board of
Trustees, any future failure to attend an ARB meeting during that
Village year shall be deemed to be a new unconditional submission
of his or her resignation from the ARB to the Board of Trustees, effective
as of the date of such member's last failure to attend a monthly meeting.
E.
The Board of Trustees shall endeavor to appoint members
to the ARB who are deemed by the Board of Trustees to be qualified
by reason of training, experience, or civic interest and, by reason
of sound judgment, to be able to implement the purposes of this chapter.
[Amended 9-7-2005 by L.L. No. 7-2005]
F.
The ARB shall meet not less than once per month.
G.
[1]The Board of Trustees shall engage an architect, to serve
at its pleasure, and may engage such other professionals as it deems
appropriate, to assist the ARB in the performance of its duties.
[1]
Editor's Note: Former Subsection G, which
provided for the Chairperson contacting an alternate member when a
member was to be absent from a meeting, was repealed 9-7-2005 by L.L.
No. 7-2005. This local law also provided for the redesignation of
former Subsection H as Subsection G.
A.
Meetings of the ARB shall be held at such times as
the ARB may determine and otherwise at the call of the Chairperson.
B.
Four members of the ARB shall constitute a quorum
for the transaction of business.
C.
The Chairperson may administer oaths and compel the
attendance of witnesses. The ARB shall keep minutes of its proceedings
and decisions.
D.
The ARB shall, from time to time, adopt, amend, and repeal rules and regulations not inconsistent with law or the provisions of this chapter governing its procedure and the transaction of its business, and for the purpose of carrying into effect the purposes set forth in § 15-1. Every rule or regulation, every amendment, or repeal thereof, and every order, requirement, decision, or determination of the ARB shall be filed with the Village Clerk.
E.
Any land use project with respect to any parcel within the Village
that requires approvals by the ARB hereunder, and by the Zoning Board
of Appeals, the Planning Board, or either of them, shall be heard
first by such other board, and the ARB shall not conduct or hold a
hearing, or render a decision, with respect to any such application
to the ARB unless and until each such other board shall have concluded
its hearing with respect to such related application, and rendered
its decision with respect thereto.
[Added 8-12-2013 by L.L. No. 4-2013]
A.
No building permit that involves the following shall
be granted without the prior approval of the ARB; in addition to such
other approvals as may be required:
[Amended 2-7-2011 by L.L. No. 2-2011]
(1)
The exterior appearance of a building or other structure, as "structure" is defined in § 200-3 of this Code.
(2)
The coverage of more than 20 square feet of additional
surface area in a front yard with impervious material.
(3)
The demolition of a structure, other than an accessory
structure with less than 1,000 square feet of floor area.
B.
When a complete and accurate application, in final
form, and with all of the requisite plans and elevations and other
documents and information required by the ARB and all of the requisite
fees and deposits to the Village have been paid, the Village Clerk
shall forward such application to the architect advising the ARB.
Within seven days thereafter, the architect shall forward its written
comments to the Village Clerk for distribution to the members of the
ARB.
C.
The ARB shall have the following enumerated powers, in addition to such other powers as may be necessary or appropriate for it to implement the purposes set forth in § 15-1.
(1)
To adopt regulations with regard to the procedure
of its meetings.
(2)
To adopt regulations with regard to the information,
documents, and other submissions required of applicants, including,
in its discretion, but not limited to, site plans, elevations, surveys,
including topographic and landscape surveys, stormwater retention
plans, samples of materials and colors, renderings, computer simulations,
and photographs of the site, adjacent sites, and relevant other sites
within the Village.
(3)
To grant, grant with modifications, or deny:
(a)
The demolition of a building or other structure
until the plans for the new building or other structure, which shall
take its place, if any, are approved. Notwithstanding the foregoing,
in the event that requiring a plan to be approved before permission
for such demolition is granted would cause a financial hardship to
the applicant, or for other good cause, the ARB may permit such demolition
prior to the approval of such plans.
(b)
Permission to improve any property, when such
improvements do not adequately take into account the topography of
the site, and the manner in which the adjacent streets and properties
have been developed, and the diversity created by Dean Alvord and
the manner in which the Village has subsequently developed.
(c)
Permission to build any structure which because
of its architectural elements, colors, design, building materials,
height, bulk, lack of setbacks, or insufficient landscaping, will:
[1]
Not conform to the diversity of architectural
design created by Dean Alvord and the manner in which the Village
has subsequently developed.
[2]
Be excessively similar, dissimilar, or inappropriate
in its design in its exterior appearance in relation to the prevailing
appearance of buildings in the vicinity thereof, or adverse to the
desirability of the immediate area or of neighboring areas for residential
and commercial purposes.
(4)
To require a financial undertaking to assure that
any proposed new building or other structure is timely completed in
accordance with the approved plans.
In exercising its powers, the ARB shall utilize
the following standards:
A.
Will the application, if granted, complement the unique
character of the Village, in accordance with the plan laid out by
Dean Alvord and the manner in which the Village has subsequently developed?
B.
Will the application, if granted, be so detrimental
to the character, property values or development of the surrounding
vicinity or the Village as a whole as to produce one or more of the
harmful effects set forth in § 15-1?
C.
Will the application adequately take into account
the topography of the site, the manner in which the adjacent streets
and properties have been developed, and the diversity created by Dean
Alvord and the manner in which the Village has subsequently developed?
E.
Will the proposed building or other structure, because
of its architectural elements, colors, design, building materials,
height, bulk, lack of setbacks, or insufficient landscaping:
(1)
Not conform to the diversity of architectural design
created by Dean Alvord and the manner in which the Village has subsequently
developed.
(2)
Be excessively similar, dissimilar, or inappropriate
in its design in its exterior appearance in relation to the prevailing
appearance of buildings in the vicinity thereof, or adverse to the
desirability of the immediate area or of neighboring areas for residential
and commercial purposes.
A.
No certificate of occupancy shall be issued for any
building or other structure unless it and the entire premises upon
which it is located conform to the resolution adopted by the ARB approving
the application. Such conformity shall include, but not be limited
to, such requirements, if any, as may have been imposed with regard
to landscaping, final grades, and stormwater retention.
B.
No building permit shall be issued for any work, which
has not been approved by the ARB, or for work that is not in accordance
with a prior approval of the ARB.
C.
No demolition permit shall be issued for any demolition
unless such demolition has been approved by the ARB.
D.
No permit shall be issued for any application which
was granted subject to the posting of financial security, unless such
financial security has been posted in the amount and form required
by the ARB.
A.
Any person aggrieved by any decision of the ARB may
appeal therefrom to the Zoning Board of Appeals of the Village, in
the same manner and upon the same criteria as is provided for use
variances. Such appeal shall be taken within 30 days after the filing
of the decision with the Village Clerk. The Zoning Board of Appeals,
after proceeding in the same manner as is provided for use variance
applications, may reverse, modify, or affirm the action of the ARB.
B.
For the purposes of this section, the applicant and
all owners of real property within the Village shall be presumed to
be aggrieved by any such decision, without any requirement that such
aggrievedness be proven.
