Article V Administration and Enforcement

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.

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.

Records and reports.

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.

§ 60-520 Certificates of occupancy or use.

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.

§ 60-510 Building permits.

[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]

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.

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.

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.

§ 60-530 Penalties for offenses; abatement of violations.

Any person who shall violate any provision of this chapter, or who shall violate any other regulation made under authority conferred thereby, or who shall knowingly assist therein, shall be guilty of an offense as set forth in § 268 of the Town Law and shall be liable to a fine or imprisonment, or both, as provided therein. Each week's continued violation thereof shall constitute a separate additional violation. In addition to the foregoing punitive and remedial provisions, the Town shall have such other remedies for any violation or threatened violation of this chapter as is now or may hereafter be provided by law.

In case any building or structure is erected, constructed, reconstructed, altered, converted, located or maintained or any building, structure, land or premises is used in violation of this chapter or any regulation made pursuant thereto or under authority conferred thereby, in addition to other lawful remedies, any appropriate action or proceedings may be instituted to prevent such unlawful erection, construction, alteration, conversion, repair, maintenance or use, to restrain, remove, correct or abate such violation, to prevent the occupancy of such building, land or premises or to prevent any illegal act, conduct, business or use in or about such premises. The imposition of the penalties herein prescribed shall not preclude the taking of any appropriate action to prevent unlawful construction or to restrain, remove, correct or abate a violation or to prevent illegal occupancy of a building, structure or premises or to stop an illegal act, business or use of a building, structure or premises, including, without limitation, the issuance of a stop-work order or revocation or suspension of a building permit by the Building Inspector as permitted by Chapter 48 of the Code of the Town of New Castle.

[Amended 11-12-1974; 11-22-2011 by L.L. No. 15-2011]

In case of the failure or refusal of the proper local officer, board or body of the Town to institute any such appropriate action or proceeding for a period of 10 days after written request by a resident taxpayer of the Town so to proceed, any three taxpayers of the Town residing in the district wherein such violation exists, who are jointly or severally aggrieved by such violation, may institute such appropriate action or proceeding in like manner as such local officer, board or body of the Town is authorized to do.

In any court proceedings involving this chapter, the latest assessment roll of the Town of New Castle shall constitute prima facie proof of ownership.

§ 60-540 Board of Appeals.

Organization and membership. There shall be a Board of Appeals of five members pursuant to the provisions of Article 16, § 267, of the Town Law of the State of New York. The members of such Board shall be resident citizens of the Town of New Castle. The members of the existing Board shall continue to serve out their terms. The present Chairman shall continue and his successor or successors shall be appointed by the Town Board.

Alternate members. The Town Board may appoint an alternate member of the Zoning Board of Appeals. Such alternate member shall attend meetings of the Zoning Board of Appeals but shall only participate in its deliberations and vote in the event that a member of the Zoning Board of Appeals is absent or otherwise unable to act with respect to a particular matter. The Chairperson of the Zoning Board of Appeals may designate an alternate member to substitute for a member when such member is absent or otherwise unable to act with respect to a particular application or matter before the Zoning Board of Appeals. When so designated, the alternate member shall possess all the powers and responsibilities of such member of the Zoning Board of Appeals. Such designation shall be entered into the minutes of the initial Zoning Board of Appeals meeting at which the substitution is made. All provisions of Town Law § 267 which pertain to Zoning Board of Appeals members, including, without limitation, training and continuing education, attendance, conflict of interest, compensation, eligibility, vacancy in office, removal, and service on other boards, shall also apply to alternate members.

[Added 5-28-2002 by L.L. No. 3-2002[1]]

Editor's Note: This local law also stated that it superseded any provisions of Town Law § 267 inconsistent herewith.

Meetings and minutes. All meetings of the Board of Appeals shall be open to the public to the extent provided in Article 7 of the Public Officers Law. The presence of a majority of the members shall be necessary for a quorum. The Board of Appeals shall keep minutes of its proceedings, showing the vote of each member on every question, or, if any member is absent or fails to vote, indicating that fact, and shall also keep records of its examination and other official actions. Every rule, determination, regulation, amendment or repeal thereof, and every order requirement and decision of the Board shall be filed in the office of the Town Clerk and shall thereafter be a public record within five business days after the day such decision is rendered.

[Amended 5-13-1997 by L.L. No. 12-1997]

Powers and duties. The Board of Appeals shall have all the powers and duties prescribed by law, which powers and duties are summarized and more particularly specified as follows:

[Amended 5-10-1983 by L.L. No. 3-1983; 5-13-1997 by L.L. No. 12-1997]

Special use permits. The Board of Appeals is authorized to hear and decide applications for special use permits in accordance with the procedures and standards as set forth in § 60-430 of this chapter.

Appeals and variances.

(a)

The Zoning Board of Appeals may reverse or affirm, wholly or partly, or may modify the order, requirement, decision, interpretation or determination appealed from, including, without limitation, any order, requirement, decision, interpretation or determination made pursuant to procedures in Chapter 48 of the Code of the Town of New Castle as same shall relate to enforcement of this chapter, and shall make such order, requirement, decision, interpretation or determination as in its opinion ought to have been made in the matter by the administrative official charged with the enforcement of this chapter, and to that end shall have all the powers of the administrative official from whose order, requirement, decision, interpretation or determination the appeal is taken.

[Amended 11-22-2011 by L.L. No. 15-2011]

(b)

Use variances.

The Zoning Board of Appeals, on appeal from the decision or determination of the administrative official charged with the enforcement of this chapter, shall have the power to grant use variances, as defined herein.

[2]

No such use variance shall be granted by the Zoning Board of Appeals without a showing by the applicant that applicable zoning regulations and restrictions have caused unnecessary hardship. In order to prove such unnecessary hardship the applicant shall demonstrate to the Board of Appeals that for each and every permitted use under the zoning regulations for the particular district where the property is located:

[a]

The applicant cannot realize a reasonable return, provided that lack of return is substantial as demonstrated by competent financial evidence;

[b]

That the alleged hardship relating to the property in question is unique and does not apply to a substantial portion of the district or neighborhood;

[c]

That the requested use variance, if granted, will not alter the essential character of the neighborhood; and

[d]

That the alleged hardship has not been self-created.

[3]

The Zoning Board of Appeals, in the granting of use variances, shall grant the minimum variance that it shall deem necessary and adequate to address the unnecessary hardship proven by the applicant and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community.

(c)

Area variances.

The Zoning Board of Appeals shall have the power, upon an appeal from a decision or determination of the administrative official charged with the enforcement of this chapter, to grant area variances, as defined herein.

[2]

In making its determination, the Zoning Board of Appeals shall take into consideration the benefit to the applicant if the variance is granted, as weighed against the detriment to the health, safety and welfare of the neighborhood or community by such grant. In making such determination the Board shall also consider:

[a]

Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the area variance;

[b]

Whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance;

[c]

the requested area variance is substantial;

[d]

Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; and

[e]

Whether the alleged difficulty was self-created, which consideration shall be relevant to the decision of the Board of Appeals, but shall not necessarily preclude the granting of the area variance.

[3]

The Zoning Board of Appeals, in the granting of area variances, shall grant the minimum variance that it shall deem necessary and adequate and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community.

(d)

Variances when subdivision, site plan or special permit applications are involved. Where a proposed site plan contains one or more features which do not comply with the zoning regulations, or where a proposed special permit use contains one or more features which do not comply with the zoning regulations, or where a proposed subdivision plat contains one or more lots which do not comply with the zoning regulations, application may be made to the Board of Appeals for an area variance or variances without the necessity of a decision or determination of an administrative official charged with the enforcement of this chapter or a referral by an approving agency acting pursuant to this chapter.

Conditions and safeguards. The Board of Appeals, in the granting of both use variances and area variances, may prescribe such reasonable conditions or restrictions applying to the grant of a variance as it may deem necessary in each specific case, in order to minimize the adverse effects of such variance upon the character and property values of the neighborhood or community and to protect the public health, safety and welfare. Such conditions or restrictions shall be directly related to the proposed use of the property. Such conditions or restrictions shall be incorporated in the building permit and certificate of occupancy. Failure to comply with such conditions or restrictions shall constitute a violation of this chapter, and may constitute the basis for denial or revocation of a building permit, certificate of conformance or certificate of occupancy and for all other applicable remedies.

The Zoning Board of Appeals shall have such other powers and duties as the Town Board shall from time to time determine.

Appeal or application.

[Amended 6-14-1983 by L.L. No. 4-1983; 2-22-1994 by L.L. No. 7-1994; 5-13-1997 by L.L. No. 12-1997]

An appeal shall be taken within 60 days of filing the order or decision appealed from in the office of the administrative official charged with the enforcement of the Zoning Local Law by filing, with the official or agency from whom the appeal is taken and with the Board of Appeals, a notice of appeal specifying the grounds thereof. The official or agency from whom the appeal is taken shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed from is taken. All such appeals and applications to the Board shall be made by the owner or agent duly authorized, in writing, and shall be on forms prescribed by the Board. Each appeal or application shall fully set forth the circumstances of the case, shall refer to the specific provision of the chapter involved and shall exactly set forth, as the case may be, the interpretation that is claimed, the details of the adjustment that is applied for and the grounds on which it is claimed that the same should be granted. All appeals and applications shall also be submitted to the Board in an electronic file format.

[Amended 8-11-2009 by L.L. No. 10-2009; 3-27-2012 by L.L. No. 1-2012]

Notice of hearing. Notice of any hearing before the Board of Appeals shall be published by the Board in the official paper at least five days prior to the date of said hearing. Notice of the hearing shall also be mailed by the Board to the parties and to the Regional State Park Commission having jurisdiction over such appeal, at least five days before such hearing. In addition, the Board shall give any other notice required by law. The applicant shall mail, by certified mail, at least 10 days before such hearing, notice of the hearing to all abutting property owners and to all owners of the property situated directly across a street from the property affected by such appeal. Proof of such mailing shall be submitted to the Board by the applicant prior to the hearing. The applicant shall be responsible for the cost of publication and mailing of such notice. Further, the applicant shall post a sign, which should be located so that it is visible from the nearest public street, on the property referenced in such application at least 10 days but not more than 20 days prior to the Board of Appeals scheduled hearing on the matter. Such signs shall be issued by the Secretary of the Zoning Board of Appeals upon receipt of a security deposit, in an amount to be set forth by resolution by the Town Board, which security deposit shall be retained by the Town in the event that the applicant fails to return the sign within 10 days after the close of the public hearing.

Referral to Town Board and Planning Board. The Board of Appeals shall, not less than five days prior to the date of the required public hearing, transmit a copy of the application, together with a copy of the notice of the public hearing to be held thereon, to the Town Board and the Planning Board. The Planning Board may submit to the Board of Appeals an advisory opinion on such application.

Hearing. The Board of Appeals shall conduct a public hearing on any application made pursuant to this chapter. At such public hearing all those present and wishing to be heard shall be given an opportunity to be heard. If the Board of Appeals or the applicant determines that a stenographic record of such hearing is required, the cost of the same, including the transcript thereof, shall be paid by the applicant. If such a stenographic record is requested, the same shall be filed as provided in § 60-540F(3) hereof.

Decision.

[Amended 5-13-1997 by L.L. No. 12-1997]

The Board of Appeals shall decide upon the appeal for relief, interpretation or determination within 62 days after the close of said hearing. The time within which the Board must render its decision may be extended by mutual consent of the applicant and the Board. Every decision of the Board of Appeals shall be by resolution, shall be recorded and shall fully set forth the facts of the case, the findings and the conclusions on which the decision was based. The decision of the Board, which shall be incorporated in the approved minutes of the Board, shall be filed in the office of the Town Clerk within five business days after the day such minutes are approved, and a copy of such resolution shall be filed with the Planning Board and Building Inspector and one copy mailed to the applicant.

Vote required. The concurring vote of a majority of the members of the Board of Appeals shall be necessary to reverse any order, requirement, decision or determination of any administrative official, or to decide in favor of the applicant any matter upon which it is required to pass under this chapter, or to effect any variation in this chapter.

Rehearing. A motion for the Zoning Board of Appeals to hold a rehearing to review any order, decision or determination of the Board not previously reviewed may be made by any member of the Board. A unanimous vote of all members of the Board then present is required for such hearing to occur. Such rehearing is subject to the same notice provisions as an original hearing. Upon such rehearing the Board may reverse, modify or annul its original order, decision or determination upon the unanimous vote of all members then present, provided that the Board finds that the rights vested by persons acting in good faith in reliance upon the reviewed order, decision or determination will not be prejudiced thereby.

§ 60-550 Architectural Review Board.

[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]

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.

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:

Protect public investments in the area;

Emphasize aesthetic concerns in the interest of the community;

Foster the attractiveness and functional utility of the community as a place in which to live and work;

Encourage good qualities and appearances of the exterior design of buildings, structures and signs;

Relate such design and appearances to the sites and surroundings of buildings and structures;

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.

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.

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.

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.

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.

Chairperson. One member of the ARB shall be designated as Chairperson by the Town Board for a term of three years.

Removal. The Town Board shall have the power to remove any member of the ARB for cause and after public hearing.

Meetings.

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.

Quorum. Three members of the ARB shall constitute a quorum for the transaction of business.

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.[1] Applicants may appear on their own behalf or be represented by an architect, attorney or other agent.

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

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.

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.

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.

Jurisdiction.

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.

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.

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.

Review procedures. The ARB conducts two types of review:

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.

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.

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:

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;

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;

Size and shape of all wall planes of the structure, including additions and renovations;

Heights of horizontal building features such as sill levels, lintels and cornices;

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;

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.

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.

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.

§ 60-560 Fee schedule.

[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[1]; 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]

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:

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.

Application for a special use permit, excluding the MFDRD, plus either a specified fee per dwelling unit or per parking space, whichever is greater.

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.

Application for a Zoning Map amendment.

Application for a zoning text amendment.

Application for a sign permit.

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.