[HISTORY: Adopted by the Board of Trustees of the Incorporated
Village of Bellerose 1-23-2012 by L.L. No. 1-2012.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Historic districts and landmarks — See Ch. 25.
Site plan review — See Ch. 45.
Building construction — See Ch. 68.
Zoning — See Ch. 210.
[1]
Editor's Note: This local law also repealed former Ch.
6, Board of Architectural Review, adopted 12-28-1970 by L.L. No. 1-1970,
as amended.
This chapter shall be known as "The Architectural Review Committee
Law of the Village of Bellerose."
It is the legislative intent of this chapter to establish an Architectural Review Committee, replacing the former Board of Architectural Review, in order to establish a coordinated and streamlined permit application process; to promote the comfort, well-being and general welfare of the community; and to preserve and promote the character and appearance and conserve the property values of the Incorporated Village of Bellerose by providing procedures for an architectural review of the exterior of all structures henceforth erected, reconstructed, altered, or remodeled pursuant to the provisions of this chapter. This Committee, which shall serve as a committee of the Building Department of the Village of Bellerose, shall be established on April 1, 2012. During the period between the passage of this chapter and April 1, 2012, there shall exist a Transitional Architecture Review Committee, created in accordance with the provisions of § 6-4B of this chapter.
A.Â
The
Board of Trustees of the Village of Bellerose hereby finds that excessive
uniformity, dissimilarity, or poor quality of design in the exterior
appearance of buildings or other structures erected or altered can
adversely affect the desirability of the immediate and neighboring
areas and, by so doing, impair the benefits of occupancy of existing
property in such areas; impair the stability in value of real property
in such areas; prevent the most appropriate development and use of
such areas; produce degeneration of property in such areas with attendant
deterioration or conditions affecting the health, safety, comfort,
and general welfare of the inhabitants thereof; and contribute to
the diminution of the taxable value of real property in such areas
and their ability to support municipal services provided therefor.
B.Â
It
is the purpose of this Committee to make objective determinations
of the esthetic suitability of projects listed in permit applications
submitted for review by the Building Department of the Village of
Bellerose so as to prevent these and other potentially harmful effects
resulting from such unattractive exterior appearance of buildings
and other structures erected or altered, and thus to promote the public
health, safety and, welfare; to conserve the value of buildings; to
encourage the most appropriate use of land; and to improve the physical
and visual appearance of the Village of Bellerose.
A.Â
There
is hereby created an Architectural Review Committee, a committee of
the Building Department, which shall consist of six members. This
Committee shall commence service on April 1, 2012. One of the six
members shall be the Building Inspector, who shall serve as the Chairperson
of this committee. The Building Inspector may participate in the discussions
of the Architectural Review Committee, but shall not vote on matters
under consideration by the Architectural Review Committee. The other
members of the Committee shall be residents of the Incorporated Village
of Bellerose, who shall serve without compensation, and who shall
be qualified by reason of training or experience in architecture,
land development, municipal planning, real estate, landscape architecture,
or other relevant business or profession, or by reason of civic interest
and sound judgment to judge the effects of a proposed building or
alteration or remodeling upon the desirability thereof. The members
of such Committee shall be appointed by the Mayor with the approval
of the Trustees and shall commence service on April 1, 2012. All the
powers granted hereunder and all the functions and duties to be performed
pursuant to the provisions of this chapter shall be carried out by
the Transitional Architectural Review Committee from the date of passage
of this chapter until March 31, 2012.
B.Â
Transitional
Architectural Review Committee. The Mayor, subject to the approval
of the Board of Trustees, shall select members of the disbanded Board
of Architectural Review to serve as members of the Transitional Architectural
Review Committee to perform the duties of the Architectural Review
Committee as enumerated in this chapter. The term of the Transitional
Architectural Review Committee shall commence with the passage of
this chapter and shall continue until March 31, 2012.
C.Â
Of
the first appointed members, three shall hold office for the term
of one year, the other two for the term of two years. The Building
Inspector shall hold office for the duration of his term as Building
Inspector. The Board of Trustees shall have power to remove any voting
member of the Architectural Review Committee for cause and after public
hearing.
D.Â
The
Mayor, with the approval of the Trustees, may appoint a member of
the Board of Trustees to serve as a liaison with the Architectural
Review Committee. This liaison shall serve as the communication link
between the Architectural Review Committee and the Board of Trustees.
The liaison may attend the meetings of the Architectural Review Committee,
but shall not enter into the Committee's deliberations or decisions.
E.Â
The Mayor,
subject to the approval of the Board of Trustees, shall appoint from
time to time one alternate member for a term of one year, to serve
when a member is absent or unable to participate because of a conflict
of interest. The Chairperson of the Architectural Review Committee
shall designate the alternate member to substitute for said member,
and such alternate shall have all powers and responsibilities of a
member of the Architectural Review Committee while so designated.
[Added 3-20-2017 by L.L.
No. 1-2017]
All meetings of the Architectural Review Committee shall be
held monthly or at such other times as the Building Inspector may
determine. The date, time, and location of the meeting and the address
of any property whose permit application is being considered by the
Architectural Review Committee shall be posted on the Village bulletin
board and on the Village website at least five business days before
the scheduled meeting. The Architectural Review Committee shall adopt
written rules and procedures for its meetings and shall keep written
minutes of its proceedings showing the names of attendees, the vote
of each member upon each question or, if absent or failing to vote,
indicating such fact, and shall also maintain records and exhibits
of its examinations and other official actions, and file such minutes,
records, and exhibits with the Clerk of the Village within five business
days of any meeting.
Four members of the Architectural Review Committee, one of whom
shall be the Building Inspector, shall constitute a quorum for the
transaction of business.
A.Â
Permit
determinations. The Architectural Review Committee shall issue written
reports to the Building Department directing approval, conditional
approval subject to specific modifications, or disapproval of any
matter which may be referred to it by the Building Department of the
Village of Bellerose.
B.Â
Annual
report. The Architectural Review Committee shall report annually to
the Board of Trustees in the month of January. The annual report shall
review the decisions rendered during the year and outline the rationale
for those decisions. The report may include a survey of the appearance
and condition of buildings in the village, an analysis of community
trends in design methods that might be employed to improve the quality
of new building and prevent the deterioration of existing structures,
and recommendations that might be enacted to make the design review
process more objective.
A.Â
Except as provided in Subsection A(l) below, it is the duty of the Building Inspector to determine whether to submit to the Architectural Review Committee any application for a building permit for the construction, reconstruction, alteration, or remodeling of any exterior structure, or the demolition of an existing structure, within any district as identified on the Zoning Map of the Village of Bellerose, or for a sign permit submitted pursuant to other provisions of the Code of the Village of Bellerose. Within five business days of receipt of the permit application by the Building Department, the Building Inspector shall make a determination whether the application, submitted pursuant to § 68-19A of the Code of the Village of Bellerose, conforms in all other respects to all other applicable laws or regulations. If the application so conforms, the Building Inspector shall determine whether the application requires review by the Architectural Review Committee. In connection with the full or partial reconstruction or replacement of any structure, no demolition of all or part of such structure shall be permitted until the Building Department has approved such replacement. Decisions as to whether or not the application conforms in all other respects to all other applicable laws and regulations shall be made by the person, persons, or agencies responsible therefore and shall not be made by the Architectural Review Committee, which shall confine itself to its responsibilities pursuant to the provisions of this chapter.
B.Â
Applications must conform with the requirements and specification stated in § 68-16 of the Code the Village of Bellerose. When required by the Building Inspector or by the Architectural Review Committee, a site plan shall be submitted showing both existing and proposed contours at two-foot intervals, all existing trees with a trunk diameter of four inches or more at a point of three feet above the ground level, and whether such trees shall remain or be removed, and/or other topographical features. The Committee may also require photographs of all buildings within 250 feet of the proposed structure, addition, alteration or remodeling.
C.Â
The
requirements of this chapter shall also apply to any building or structure
requiring a building permit application for exterior alterations or
additions which change the existing shape or design of any structure
in the village or changes to the design of a building or structure
previously approved by the Building Department. The Building Inspector
shall determine whether such situations require referral by the Building
Department to the Architectural Review Committee.
A.Â
Referral to Architectural Review Committee. For matters pursuant to § 6-8 of this chapter, the Building Department shall determine whether to submit the permit application to the Architectural Review Committee for consideration. The Architectural Review Committee shall then determine by a majority vote of the entire Committee whether to direct the Building Department to issue a permit. A tie vote or by a lesser number than the required majority shall be considered a rejection of the application consideration. After the Building Inspector issues or denies a permit application, the Building Department shall inform the Board of Trustees of the determination of the Architectural Review Committee in writing.
B.Â
Committee action. The Architectural Review Committee shall make its determinations on all referrals under § 6-8 of this chapter within 25 business days of the date of referral to it by the Building Department. The Building Department may extend such time period upon request of the Committee. Such recommendations shall be made in writing. If the Architectural Review Committee fails to request an extension of the time period for consideration of the application and shall fail to approve or disapprove any application referred to it by the Building Inspector under § 6-8 within 35 days of the date of its meeting to review such application, said application shall be deemed to have been approved.
[Amended 7-23-2012 by L.L. No. 2-2012]
A.Â
In examining plans or proposals, the Architectural Review Committee shall direct the disapproval of any installation or construction which would cause or contribute to one or more of the harmful effects set forth in § 6-3 of this chapter by reason of:
(1)Â
Excessive dissimilarity or inappropriateness in relation 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 or intersecting street and within 250 feet of the proposed
new structure, in respect to one or more of the following features:
cubical content; gross floor area; building area or height of roof;
or other significant design features, such as materials or style of
architectural design.
(2)Â
Excessive similarity 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 or intersecting street
within 250 feet to the proposed new structure, in respect to one or
more of the following features of exterior design and appearance:
apparently identical front, side or other elevations visible from
a street; substantially identical size and arrangement of either doors,
windows, porticoes or other openings or breaks in the elevation facing
the street, including reverse arrangement; or other significant identical
features of design, such as, but not limited to material, roofline,
height or other design elements.
(3)Â
Incompatibility of the building with the site with respect to the
amount of grading required, treatment of exposed foundations, and
loss of existing vegetation.
(4)Â
Substantially identical facade, disregarding color.
(5)Â
Substantially identical size and arrangement of either doors, windows,
porticos, porches, or garages or other openings or breaks or extensions
in the facade, including reverse arrangements.
(6)Â
Other substantially identical features, such as, but not limited
to setbacks from street lines; heights, widths and lengths of elements
of the building design; and exterior materials and treatments.
A.Â
The Architectural Review Committee shall restrict its considerations
to a reasonable and professional review of the proposal and plans,
leaving full responsibility for the design and development to the
applicant. Such Committee shall not design or assist in the design
of any buildings or structures submitted for approval.
B.Â
The Architectural Review Committee shall comply with the conditions set forth in § 6-3 and not unduly restrict or advocate new or innovative building types, materials, and methods.
C.Â
In its endeavor to improve the quality of design, the Architectural
Review Committee shall consider costs as one factor along with design
in its efforts to achieve the objectives of this chapter.
Any person aggrieved by the action of the Building Department
and the decisions of the Architectural Review Committee in disapproving
a building permit application and of the Building Inspector in denying
such permit because of such disapproval may take an appeal therefrom
to the Zoning Board of Appeals pursuant to the Village Law of the
State of New York in the same manner as is provided for other zoning
appeals, and such Zoning 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 Building Inspector or the Building Department.
A.Â
Any person violating the provisions of this chapter shall be punishable
for the first offense by a Class E fine and by a Class E fine for
each subsequent offense. In addition thereto, such person shall be
declared to be and prosecuted as a disorderly person.
B.Â
The Building Inspector shall serve or mail notice of any violation
of this chapter to the last known address of the owner of such property
as shown on the official assessment rolls or to the person or corporation
committing or permitting the same. In addition, the Inspector shall
report all violations to the Board of Trustees.
For the purpose of this chapter, certain words and terms used
herein are defined as follows:
The Architectural Review Committee of the Village of Bellerose.
The interim acting committee which shall carry out the duties
of the Architectural Review Committee in the period between the passage
of this chapter and March 31, 2012.
The Zoning Board of Appeals of the Village of Bellerose.
The Board of Trustees of the Village of Bellerose.
Any structure, or extension thereof or addition thereto,
having a roof supported by such things as columns, posts, piers or
walls and intended for the shelter, business, housing, or enclosing
of persons, animals or property.
The term applied to a building, structure or use which is
clearly incidental or subordinate to, and customarily in connection
with, the principal building, structure or use and which is located
on the same lot with the principal building, structure or use. Any
accessory building or structure attached to a principal building or
structure is deemed to be part of such principal building or structure
in applying the bulk requirements to such building or structure. No
use shall be considered "accessory" where such use requires a greater
area of a lot or larger setbacks or yards or for which greater restrictions
than for the principal use on the lots are imposed by this chapter.
The Building Inspector of the Village of Bellerose.
A building providing complete housekeeping facilities for
one family, including independent cooking, sanitary, and sleeping
facilities.
Ordinary repairs and maintenance to buildings and structures
that involve no structural or externally visual alterations and no
change in materials, design, or colors.
A combination of materials constructed, assembled, or erected
on, above or below the ground attached to something having location
on, above, or below the ground, including but not limited to buildings,
fences, tanks, towers, and swimming pools.
A zoning district as specified in Chapter 210, Zoning, of the Code of the Village of Bellerose.
Chapter 210, Zoning, of the Code of the Village of Bellerose.
The fee for any application which requires architectural review
pursuant to this chapter shall be set from time to time by resolution
of the Board of Trustees.
