[HISTORY: Adopted by the Board of Trustees of the Village of Woodbury 8-12-2008 by L.L. No. 6-2008. Amendments noted where applicable.]
GENERAL REFERENCES
Planning Board — See Ch. 57.
Building construction — See Ch. 96.
Subdivision of land — See Ch. 272.
Zoning — See Ch. 310.
Architectural Review Board rules — See Ch. A314.
[Amended 1-14-2021 by L.L. No. 1-2021]
The Village Board hereby finds that excessive uniformity or dissimilarity of design, disproportionate size or height, excessive gross floor area (especially to the point of allowing such space to be used for other than the represented purpose), inappropriateness or poor quality of design in the exterior appearance of buildings erected in any neighborhood adversely affects the desirability of the immediate area and neighboring areas for residential and business purposes or other use and, by so doing, impairs the benefits of the occupancy and development of existing and future properties 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 therefor. It is the purpose of this chapter to prevent these and other harmful effects of such exterior appearances of buildings erected 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 buildings and to encourage the most appropriate use of land within the Village.
The Planning Board of the Village of Woodbury is hereby designated as the Architectural Review Board and may adopt such rules not inconsistent with this chapter.[1]
[1]
Editor's Note: See Ch. A314, Architectural Review Board Rules.
[1]
Editor's Note: Former § 8-3, Review and recommendations, amended 1-14-2021 by L.L. No. 1-2021, was repealed 10-28-2021 by L.L. No. 12-2021.
[Amended 1-14-2021 by L.L. No. 1-2021; 10-28-2021 by L.L. No. 12-2021]
A. 
The Planning Board, in reviewing subdivisions, planned unit developments, multiple-family dwellings, site plans, special use permits, and all other applications needing Architectural Review Board approval, shall require the developer or owner of the project to submit its plans for development of the land, including the type and detail of buildings to be constructed or altered, the location of the buildings on the proposed site and the type and details of architecture. Acting in its role as Architectural Review Board, the Planning Board shall review the plans of the development, attend an on-site inspection, and analyze the design, architecture, and size of all buildings.
B. 
The Planning Board, in its role as Architectural Review Board, shall also review plans and specifications for the following buildings, and alterations to buildings not previously approved (e.g., options, alternates) that change its outside physical dimension in any respect, as defined in Chapter 310, Zoning, of the Code of the Village of Woodbury:
(1) 
Buildings and alterations which require a building permit, pursuant to Chapter 310, Zoning, on any lot that:
(a) 
Was part of a subdivision approved by the Planning Board on or after January 1, 1990; or
(b) 
Is otherwise subject to the ridge preservation regulations of § 310-13.
[Amended 10-12-2023 by L.L. No. 14-2023; 12-28-2023 by L.L. No. 3-2024]
C. 
Notwithstanding the above, the following shall not require review by the Architectural Review Board:
(1) 
Pools, in-ground, aboveground, and temporary.
(2) 
Detached sheds or other residential accessory structures, including but not limited to pool houses, less than 500 gross square feet.
(3) 
New decks, and additions to decks resulting in, less than 500 gross square feet total deck area.
[Amended 10-12-2023 by L.L. No. 14-2023; 12-28-2023 by L.L. No. 3-2024]
(4) 
Residential and nonresidential roof-mounted solar panels, extending in height no more than 12 inches from the roof surface.
(5) 
In-kind replacement of features that do not require more than de minimis modification to the structure, such as windows, doors, and garage doors.
(6) 
Retaining walls that are less than six feet in height.
(7) 
Signs, other than those subject to Planning Board approval.
(8) 
Radio, television and microwave antennas, except for such antennas installed on the roof of a building and extending not more than 15 feet above the highest level of the roof of such building.
(9) 
Pergolas.
(10) 
Outdoor bins.
(11) 
Residential fixed awnings.[1]
[1]
Editor's Note: Former Subsection C(12), regarding additions which are less than or equal to 1,500 square feet in aggregate, and (13), regarding referring applications to the ARB for review, which were added 10-12-2023 by L.L. No. 14-2023, were repealed 12-28-2023 by L.L. No. 3-2024
[Amended 1-14-2021 by L.L. No. 1-2021]
The Planning Board, acting in the role of Architectural Review Board, may approve, conditionally approve subject to special modifications, or disapprove, any application, provided that such determination is based on the appropriateness or inappropriateness of the proposed building or alteration in the following respects:
A. 
Excessive similarity, dissimilarity or inappropriateness in relation to itself or to any other structure existing or for which a permit has been issued or to any other structure included in the same permit application, facing upon the same street or within the same or surrounding neighborhood, including neighboring developments, in respect to one or more of the following features:
(1) 
Exterior façade of all building sides, including, but not limited to, building materials, mass, roof line, architectural style and authenticity, colors, size, proportion, roof design and height.
(2) 
Size and arrangement of doors, windows, porticoes or other openings or breaks in the façade, including reverse arrangement.
(3) 
Footprint and gross floor area, including all or portions of the structure.
B. 
An alteration to a building otherwise subject to architectural review by the Planning Board shall be exempt from such review if it is a repair or replacement in kind of a portion of the building, provided there is no change in the outside physical dimensions of the building as previously approved.
[Amended 10-28-2021 by L.L. No. 12-2021]
In cases where the Planning Board's review and approval is required hereby, the Code Enforcement Officer shall not issue a building permit until the Planning Board has approved the plans and specifications for a building or alteration. The applicant for a building permit shall submit to the Code Enforcement Officer such plans and specifications as he may require for the purposes hereof.
[Amended 10-28-2021 by L.L. No. 12-2021]
The Code Enforcement Officer shall not issue a building permit for, or certificate of occupancy upon completion of, any building or alteration unless he/she finds that such building or alteration is in conformance with the plans and specifications approved by the Planning Board.
[Amended 1-14-2021 by L.L. No. 1-2021]
In approving or disapproving plans and specifications for a building or alteration, the Planning Board, acting in its role as Architectural Review Board, shall consider the purposes above stated to promote architectural beauty and harmony of building design, to prevent the monotony of residential housing, and to prevent buildings from being improperly designed and located in relation to land contours, lot lines, street lines and use.
[Amended 1-14-2021 by L.L. No. 1-2021; 10-28-2021 by L.L. No. 12-2021]
The Planning Board, in its role as Architectural Review Board, may waive or vary any requirements of this chapter regarding similarity of buildings where the layout of the neighborhood, lot patterns, topography, natural features used and the siting of individual structures is such to avoid monotony of appearance despite similarity of buildings.