[Amended 11-23-1971; 5-25-1976 by L.L. No. 3-1976; 10-25-1994 by L.L. No.
17-1994; 3-27-2012 by L.L. No. 1-2012]
A. No board, agency, officer or employee of the Town shall issue, grant or approve any permit, license, certificate or other authorization for any construction, reconstruction, alteration, enlargement or moving of any building or structure or for any use of land or building that would not be in full compliance with the provisions of this chapter and Chapter
48 of the Code of the Town of New Castle, except as permitted under §
60-540D(2). Any such permit, license, certificate or other authorization issued, granted or approved in violation of the provisions of this chapter shall be null and void.
B. Enforcement agency.
(1) Unless otherwise provided, the Building Inspector, Assistant Building
Inspector, Code Enforcement Officer, Town police officers and any
other person designated by the Town Board for the purpose shall enforce
the provisions of this chapter and any rules and regulations made
or as may be made in furtherance thereof. For such purposes, such
person may, from time to time, inspect any such building, structure
or premises.
(2) In addition to Town police officers, the Building Inspector and Assistant
Building Inspector are hereby designated as persons authorized to
issue and serve appearance tickets, as provided by Article 150 of
the Criminal Procedure Law, and the Dog Control Officer is hereby
designated as a person authorized to issue and serve appearance tickets
for violations relating to the keeping of animals, as provided by
Article 150 of the Criminal Procedure Law.
C. Records and reports.
(1) The Building Inspector shall keep a permanent record, including all pertinent maps and plans, of all applications for building permits and certificates of occupancy in accordance with Chapter
48 of the Code of the Town of New Castle.
(2) The Building Inspector shall also keep a permanent record of all
violations of this chapter, whether reported by private citizens or
by any board, agency, officer or employee of the Town, and such record
shall show the disposition of all such alleged violations.
[Amended 2-22-1972; 11-12-1974; 7-19-1977 by L.L. No. 13-1977; 8-14-1979 by L.L. No.
11-1979; 2-8-1983 by L.L. No. 1-1983; 8-13-1985 by L.L. No.
12-1985; 10-22-1985 by L.L. No. 15-1985; 11-12-1985 by L.L. No.
17-1985; 9-13-1988 by L.L. No. 14-1988; 3-28-1989 by L.L. No.
7-1989; 10-14-1997 by L.L. No. 18-1997; 11-22-2011 by L.L. No.
15-2011; 3-27-2012 by L.L. No. 1-2012]
A. Permit required. No building or structure shall be erected, constructed, enlarged, altered or moved or clearance or excavation made therefor or work begun thereon, until a permit therefor has been issued by the Building Inspector in accordance with and subject to the provisions of Chapter
48 of the Code of the Town of New Castle. No blasting shall occur until a permit therefor has been issued by the Building Inspector in accordance with Chapter
44 of the Code of the Town of New Castle and Chapter
48 of the Code of the Town of New Castle.
B. Projects under way. Any building, extension or alteration for which
a permit has been duly granted, the construction of which has been
started before the effective date of this chapter or of an amendment
thereto and the ground story framework of which, including the second
tier of beams, has been completed within one year after the adoption
of this chapter or an amendment thereto, may be completed in accordance
with plans on file with the Building Inspector, provided that such
construction is diligently prosecuted and the building is completed
within two years of the adoption of this chapter or an amendment thereto.
If any of the requirements shall not have been fulfilled within the
prescribed period or if the building operations are discontinued for
a period of six months, any other construction shall be in conformity
with the provisions of this chapter.
C. No permits contrary to proposed amendments. Whenever the Town Board, by resolution, authorizes a public hearing on a proposed amendment to this chapter, for a period of 90 days following the date of such resolution, no building or structure shall be erected, enlarged or altered except as permitted by Subsection
B, and no permit shall be issued for the erection, enlargement or alteration of any building or structure or for the occupancy of any land or building in any manner that would be contrary to the provisions of the proposed amendment.
[Amended 11-12-1974; 8-13-1985 by L.L. No. 12-1985; 11-22-2011 by L.L. No.
15-2011; 3-27-2012 by L.L. No. 1-2012]
It shall be unlawful for any person to use or permit the use of any building or premises, or part thereof, hereafter created, erected, changed, converted or enlarged, wholly or partially in its occupancy, use or structure, until a certificate of occupancy shall have been issued by the Building Inspector as provided for in Chapter
48 of the Code of the Town of New Castle.
[Amended 6-10-1975; 12-20-1978 by L.L. No. 11-1978; 7-28-1981 by L.L. No.
9-1981; 10-14-1997 by L.L. No. 18-1997; 6-13-2017 by L.L. No. 4-2017]
A. Policy and findings. The Town Board of the Town of New Castle hereby
finds that it is in the best interests of Town residents and protective
of their health, safety and welfare to enact this section of the Code
of the Town of New Castle for the creation of an Architectural Review
Board (hereinafter referred to as "ARB"). The Town Board finds that
monotonous similarity, striking dissimilarity, visual discord or inappropriateness,
and visually offensive, incompatible, or other poor qualities of design
in the exterior appearance of buildings, structures, or signs can
adversely affect the desirability of the immediate and neighboring
areas, impair the use of property, impact the stability in value of
both improved and unimproved property in such areas, prevent the most
appropriate development of properties, and contribute to the diminution
of the taxable value of property in such areas and their ability to
support the municipal services provided therefor.
B. Purpose. It is the purpose of this section to provide procedures
for the ARB to undertake the architectural review of certain buildings
and structures henceforth erected, constructed or altered in the Town
to:
(1) Protect public investments in the area;
(2) Emphasize aesthetic concerns in the interest of the community;
(3) Foster the attractiveness and functional utility of the community
as a place in which to live and work;
(4) Encourage good qualities and appearances of the exterior design of
buildings, structures and signs;
(5) Relate such design and appearances to the sites and surroundings
of buildings and structures;
(6) Permit originality and resourcefulness in building design and appearances
that are appropriate to the sites and surroundings;
(7) Prevent such design and appearances as are deemed inappropriate and
detrimental to the visual environment and/or viewshed;
(8) Protect the attractiveness and the tax base of the community;
(9) Discourage large expanses of blank walls on structures when fenestration
or other architectural elements would add to the character of the
structure and neighborhood;
(10)
Encourage construction of structures of appropriate scale, size
and massing to its immediate community, and discourage inappropriate
structures that may overwhelm and thereby harm its neighbors;
(11)
Raise the level of community expectations for the architectural
quality of its environment;
(12)
Preserve the character and quality of the Town of New Castle's
heritage by maintaining the integrity of those areas and structures
that have a distinctive character or are of special historic significance;
(13)
Ensure consistent and high quality design standards in the downtown
hamlets of Millwood and Chappaqua with respect to storefronts, signage,
lighting, fixtures, awnings and any visible rooftop elements; and
(14)
Encourage the use of green building measures in the design,
construction and alteration of buildings.
C. Creation and membership. The ARB shall consist of five members and
up to two alternate members who shall serve without compensation.
A quorum shall consist of three or more members of the ARB, which
may include one or more alternate members.
(1) Members. All members of the ARB shall be residents of the Town with reason of civic interest and sound judgment to consider and weigh the impacts of a proposed design plan in light of the policies and goals set forth in §
60-550B. A majority of ARB members shall be registered architects in New York State. All other ARB members and alternate members shall have training or experience in one or more of the following areas: architecture, land development, community planning, law, real estate, landscape architecture, civil engineering, building construction, historic preservation, graphic design or other relevant business or profession. No member of the ARB shall be an officer or employee of the Town of New Castle.
(2) Alternate members. The Town Board may appoint up to two alternate
members of the ARB for a term of three years. Such alternate member(s)
may attend meetings of the ARB, but shall only participate in its
deliberations and vote in the event that a member of the ARB is absent
or otherwise unable to act with respect to a particular matter. In
such event, the Chairperson of the ARB may designate an alternate
member to substitute for a member when such member is otherwise unable
to act with respect to a particular application or matter before the
ARB. When so designated, the alternate member shall possess all the
powers and responsibilities of such member of the ARB. Such designation
shall be entered into the minutes of the ARB meeting at which the
substitution is made.
(3) Term. Members of the ARB shall hold office for three years, except
that of the members first appointed, one member shall hold office
for the term of one year, two members for the term of two years, and
two members for the term of three years. Successor ARB members shall
be appointed for the term of three years from and after the expiration
of the terms of their predecessors in office. If a vacancy shall occur
otherwise than by expiration of term, it shall be filled by the Town
Board for the unexpired term. ARB members may continue to hold office
until their successor has been appointed by the Town Board.
(4) Chairperson. One member of the ARB shall be designated as Chairperson
by the Town Board for a term of three years.
(5) Removal. The Town Board shall have the power to remove any member
of the ARB for cause and after public hearing.
D. Meetings.
(1) Scheduling and notice. Meetings of the ARB shall be held at the call
of the ARB Chair and at such other times as such Board may determine.
The ARB Secretary shall prepare the agenda for each meeting in consultation
with the Building Inspector.
(2) Quorum. Three members of the ARB shall constitute a quorum for the
transaction of business.
(3) Proceedings. The ARB Chair shall be responsible for controlling order
during all meetings of the ARB. If the ARB Chair is unable to attend
a meeting for any reason or take part in reviewing an application
by reason of a conflict of interest, then another member of the ARB
shall be appointed Acting Chair, as needed. All meetings of the ARB
shall be duly noticed and open to the public in compliance with the
New York State Open Meetings Law. Applicants may appear on their own behalf or be represented
by an architect, attorney or other agent.
(4) Building Inspector. The Town Building Inspector shall attend each
ARB meeting. The Building Inspector shall act in an advisory capacity
to the ARB and may act on the advice of the ARB.
(5) Conflicts of interest. All ARB members shall be entitled to vote; provided, however, that no member shall participate in reviewing or voting on any matter in which he/she has any interest, as defined in Chapter
9 of the Code of the Town of New Castle, or otherwise is unable to exercise fair and impartial judgment.
(6) Minutes. The Town Board shall appoint a Secretary to attend all ARB
meetings and keep minutes of all the ARB meetings and proceedings.
The minutes shall show the vote of each member on every application,
and the recommendations made concerning each application. If a member
is absent or fails to vote upon a motion, the minutes shall indicate
that fact.
E. Jurisdiction.
(1) Referrals for report and recommendation. The ARB shall review and provide feedback and recommendations on all applications referred to it for report and recommendation by the Town Board, Planning Board and Zoning Board of Appeals. The ARB shall issue a report and recommendation with respect: to such referrals within 45 days of the date such referral is deemed complete pursuant to §
60-550F.
(2) Building permit applications. The ARB shall review all applications
filed with the Building Department for a building permit:
(a)
For the construction, reconstruction or alteration affecting
the exterior of any building or structure in any residence district
where the cost of such construction, reconstruction or alteration
is reasonably estimated by the Building Inspector to exceed $25,000.
(b)
For the construction, reconstruction or alteration affecting
the exterior of any building or structure in any business district
where the cost of such construction, reconstruction or alteration
is reasonably estimated by the Building Inspector to exceed $5,000.
(c)
Any other building permit application for the construction,
reconstruction or alteration affecting the exterior of any building
or structure which in the judgment of the Building Inspector involves
substantial architectural and design features that warrant review
by the ARB.
F. Complete applications. The Building Inspector shall review each building
permit application and referral to the ARB to determine whether such
application is ready to be placed on an ARB agenda. Applications will
not be accepted for consideration by the ARB until they are deemed
complete by the Building Inspector. The ARB may require the submission
of such additional information and material as it deems necessary
or desirable to reach a proper determination on any application.
G. Review procedures. The ARB conducts two types of review:
(1) Preliminary Review. In an effort to assist applicants with the design and development of their project in a manner that will meet with the approval of the ARB, upon a referral pursuant to §
60-550E(1), the ARB will review a project while it is in the formative or planning stage. Upon a majority vote of its attending members constituting a quorum, the ARB shall provide a report and recommendation on its impressions of the project, special areas of concern that should be addressed, and advice as to any other areas of the project that may require special attention or documentation.
(2) Final review. The ARB shall review building permit applications subject to the criteria set forth in §
60-550E(2). Upon a majority vote of its attending members constituting a quorum, the ARB shall: (i) approve the project, with or without conditions; (ii) disapprove the project, stating the reason(s) for disapproval; (iii) reserve a final decision on the project, subject to requiring the applicant to submit additional documentation to the ARB; or (iv) recommend revisions to the project for submission and consideration at a future meeting of the ARB.
H. Standard of review. The ARB shall review the compatibility of any proposed building or structure, or alteration thereto, relative to other buildings and structures either existing or for which a building permit has been issued, or to any other building or structure included in the same permit application, facing upon the same or intersecting street and within 250 feet of the applicant's property as measured along the center line of streets in an R-1/4A; within 500 feet of the applicant's property in the R-1A and R-1/2A Districts; and within 1,000 feet of the applicant's property within an R-2A District. In fulfilling its responsibilities under this chapter, the ARB shall also take into account the natural features of the project site and its surroundings, and the character of the zoning district and any adopted design guidelines applicable therein, with a view to conserving the values of property and encouraging the most appropriate use of land. In making determinations under this section, the ARB shall consider whether a proposed building or structure would, if erected or altered as proposed by the applicant, cause or contribute to one or more of the harmful effects set forth in §
60-550A by reason of its monotonous design, visual discord or inappropriateness in respect to one or more of the following features of exterior appearance:
(1) Size and arrangement of either doors, windows, porticos, porches
or garages, or openings, breaks or extensions in the elevation facing
the street, including reverse arrangement;
(2) When visible from any street or a neighboring house or building,
the treatment of the sides and rear of any proposed structure in relation
to the appearance, amenity and quality of materials to the treatment
given to the street frontage;
(3) Size and shape of all wall planes of the structure, including additions
and renovations;
(4) Heights of horizontal building features such as sill levels, lintels
and cornices;
(5) The integrated visual impact of the size, massing, scale, proportion,
height and location of a proposed structure as related to the size
and topography of the property, the location of the building with
respect thereto and to the neighboring structures;
(6) Spacing, dimension and proportion of elements of the basic structural
grid such as columns, piers or large projections such as porches,
balconies or cornices;
(7) Shape and slope of roofs and other roof elements such as gables,
dormers, entry porticos and turrets, their visibility from the street,
and the significance of the profile of the building against the sky
or its background, and the relationship of the massing to its context
and neighbors;
(8) Spacing and proportion of window openings and other aspects of building
fenestration;
(9) The use of unusually bold or odd colors in a commercial district;
or
(10)
Other features of design that can be reasonably expected to provoke one or more of the harmful effects set forth in §
60-550A.
I. Effect of Board action. The Building Inspector shall refuse any building permit application disapproved by the ARB pursuant to §
60-550G(2). If the ARB shall fail to disapprove any such application referred to it within 45 days of the date of the public meeting of the Board at which such application is heard, or if the ARB shall approve any such application, the Building Inspector shall forthwith issue the building permit, provided it conforms in all respects to all other applicable laws and ordinances as well as any conditions required by the ARB. Any subsequent change in the siting or exterior appearance of the building which, in the opinion of the Building Inspector, is substantial, shall not be permitted except upon resubmission to the ARB, and shall be subject to the enforcement procedures set forth in Chapter
48 of the Code of the Town of New Castle. Applicants who implement such siting or exterior changes without the prior approval of the ARB will be proceeding at their own risk and may be required to perform corrective work in order to bring their project into compliance with the ARB's original conditions of approval.
J. Appeals. Any person aggrieved by the action of the ARB in approving
or disapproving a building permit application and/or of the Building
Inspector in denying such permit because of such disapproval may take
an appeal therefrom to the Zoning Board of Appeals in the same manner
as is provided for other zoning appeals, and such Board of Appeals,
after proceeding in the same manner as is provided for other zoning
appeals and with the same power and authority therein vested in passing
upon appeals before it under the provisions of law and this chapter,
and in the exercise thereof, may reverse or affirm, or modify and
affirm, the actions of the ARB and of the Building Inspector.
[Amended 5-4-1977 by L.L. No. 8-1977; 7-19-1977 by L.L. No.
12-1977; 1-8-1980 by L.L. No. 1-1980; 7-20-1982 by L.L. No.
9-1982; 10-13-1987 by L.L. No. 13-1987; 2-27-1990 by L.L. No.
6-1990; 3-27-1990 by L.L. No. 17-1990; 1-4-1993 by L.L. No.
2-1993; 10-14-1997 by L.L. No. 18-1997; 2-23-1999 by L.L. No.
3-1999; 9-10-2002 by L.L. No. 8-2002; 1-10-2006 by L.L. No.
1-2006; 4-14-2009 by L.L. No. 5-2009; 11-22-2011 by L.L. No.
15-2011; 5-12-2020 by L.L. No. 6-2020]
A. There
shall be a fee charged in connection with the administration and enforcement
of this chapter for each of the following applications in such amounts
as set forth by resolution of the Town Board in the Master Fee Schedule,
which may be amended, except that no fees shall be required from the
Town, school, fire or other district:
(1) Application for site development plan approval for all site plans,
including the MFDRD, plus either a specified fee per dwelling unit
or per parking space, whichever is greater.
(2) Application for a special use permit, excluding the MFDRD, plus either
a specified fee per dwelling unit or per parking space, whichever
is greater.
(3) For other applications to the Zoning Board of Appeals, plus the cost
of advertising a public hearing and the cost of stenographic services
to record the hearing if such record is requested by the applicant
or required by the Zoning Board of Appeals.
(4) Application for a Zoning Map amendment.
(5) Application for a zoning text amendment.
(6) Application for a sign permit.
B. Nonpayment of fees. Any fee imposed pursuant to this chapter that
remains unpaid shall become a lien against the real property for which
the application was filed if not paid within 30 days of written demand.
Such unreimbursed fees, including, but not limited to, application
fees and professional review fees, shall thereupon be levied against
the said premises in the same manner as a tax on real property, in
addition to all other taxes, fees, rents or charges that would otherwise
be so levied. In the event an application is filed in connection with
more than one tax lot, then the Town Receiver of Taxes shall distribute
such levy equally among each such tax lot without regard to assessed
value or any other factor.