[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.
[Amended 8-12-2013 by L.L. No. 4-2013; 10-21-2024 by L.L. No. 3-2024]
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. 
Three 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.
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?
D. 
Will the application adequately provide for landscaping to provide:
(1) 
Appropriate replacement of trees and shrubs to be removed or otherwise destroyed;
(2) 
Screening from the streets and adjacent properties; and
(3) 
Protection against erosion and flooding of adjacent properties?
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.