[HISTORY: Adopted by the Town Board of the Town of Ossining 12-15-2015 by L.L. No. 10-2015. Amendments noted where applicable.]
A.
This chapter shall be known as the "Architectural Review Board (ARB)
Law of the Town of Ossining."
B.
This chapter is enacted pursuant to the Municipal Home Rule Law and
any and all applicable laws, rules and regulations of the State of
New York. Nothing contained herein shall be deemed to conflict with
any such laws, rules and regulations.
A.
Except where specifically defined herein, all words used in this
chapter shall carry their customary meanings.
B.
BUILDING
BUILDING INSPECTOR
CELLAR
GROSS FLOOR AREA
PLANNING BOARD
TOWN
TOWN BOARD
The following terms shall, for the purpose of this chapter, have
the meanings herein indicated:
Any combination of construction materials used to, intended
to be used to, or potentially able to be used to house or shelter
any use or occupancy, except where located entirely underground. The
term "building" shall include porches, porticoes and other similar
structures.
The Building Inspector of the Town of Ossining.
Any space in a building, the structural ceiling level of
which is less than four feet above the average finished grade where
such grade abuts that exterior wall of such building which fronts
on any street.
The sum of the gross horizontal areas of the several floors
of the building or buildings on a lot measured from the exterior faces
of exterior walls or from the center line of party walls separating
two buildings, excluding any cellar areas.
The Planning Board of the Town of Ossining.
The unincorporated portions of the Town of Ossining.
The Town Board of the Town of Ossining.
C.
Words used in the present tense include the future; the plural includes
the singular; and the word "lot" includes the word "plot."
A.
The Town Board of the Town of Ossining hereby finds that it is in
the best interest of the Town residents, and protective of their health,
safety and welfare, to enact this chapter of the Town Code for the
creation of an Architectural Review Board.
B.
The Town Board hereby finds that monotonous similarity, striking
dissimilarity, visual discord or inappropriateness, and visually offensive,
incompatible or other poor quality of design in the exterior appearance
of buildings and structures 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,
prevent the most appropriate development, and contribute to the diminution
of the taxable value of property and its ability to support municipal
services provided therefor.
C.
It is the purpose of this chapter to preserve, promote and provide
future enhancement of the character and appearance of buildings and
structures, and to conserve the property values of the Town, and the
attractiveness of its residential and business areas which are the
economic mainstays of the community, by providing procedures for an
architectural review of buildings and structures henceforth erected,
reconstructed or altered in the Town, and thereby:
(1)
Encourage good qualities and appearances of the exterior design of
buildings and structures.
(2)
Relate such design and appearances to the sites and surroundings
of buildings and structures.
(3)
Permit originality and resourcefulness in building design and appearances
which are appropriate to the sites and surroundings.
(4)
Prevent such design and appearances as are deemed inappropriate and
detrimental to the visual environment.
D.
It is the intent of the Town Board to ensure high standards and consistent
criteria for the design of residential and nonresidential buildings
and structures, and the Board hereby enacts this chapter to achieve
the above-stated purposes.
There is hereby created an ARB that shall consist of the members
of the Town Planning Board, who shall serve concurrently on the ARB
and the Planning Board. The Chair of the Planning Board shall be the
Chair of the ARB. The meetings of the ARB shall be held concurrently
with the meetings of the Planning Board.
A.
The ARB shall approve, approve with conditions, or deny all applications
for the design of proposed buildings made to it, which applications
shall be made in conjunction with the following:
B.
Approval or approval with conditions by the ARB shall be a prerequisite
of the issuance of a building permit for the project.
C.
The approval or approval with conditions of the ARB may be included
in any other approval that the Planning Board may grant.
A.
The application to the ARB shall include the following, prepared
by an architect or engineer registered in New York State, unless waived
by the Planning Board, drawn at a scale adequate to clearly and accurately
portray the project:
(1)
Detailed elevation drawings of the proposed building construction
and its primary design elements, including facades, windows, doors,
roofs and roof structures, exposed mechanical equipment, etc.
(2)
A site plan of the lot with zoning setbacks and other dimensions clearly marked, including existing and proposed topography at two-foot contour intervals, and trees regulated pursuant to Chapter 183, Tree Protection, of the Town Code.
(3)
The size, shape and location of existing and proposed construction
and its relationship to adjacent properties, buildings and structures.
(4)
The location of existing and proposed plantings, screening devices,
walls and fences, as well as an indication of their height and construction
materials.
(5)
An indication of existing and proposed freestanding and building-mounted
exterior lighting adequate to determine their features and illumination
and to enable review of possible hazards and disturbances on and off
site.
(6)
Photographs of the subject lot and of buildings and structures within
350 feet of said lot.
(7)
Samples of exterior building materials, treatments and finishes,
and the color palette for painted surfaces.
(8)
Identification of all other required Town approvals.
(9)
Other information and materials as may be required by the ARB, including
but not limited to sectional drawings, color-rendered perspective
drawing(s) and/or three-dimensional view(s) of proposed work.
A.
The ARB shall hold a public hearing on every application made to
it.
B.
Notice of said public hearing and of the substance of the application
shall be given by publication in the official newspaper of the Town
at least 10 days before the date of such hearing. In addition to such
published notice, the ARB shall cause such notice to be mailed at
least 10 days before the hearing to all owners of property which lies
within 500 feet of any lot line of the property for which the approval
is sought and to such other persons as the ARB may deem advisable.
The names of said owners shall be taken as they appear on the last
completed assessment roll of the Town. Provided that due notice shall
have been published and there shall have been substantial compliance
with the remaining provisions of the section, the failure to give
notice in exact conformance herewith shall not be deemed to invalidate
any action taken by the ARB in connection with the granting of such
approval.
C.
In the case of an application for ARB approval in conjunction with
site plan, conditional use permit and/or cluster development approval
from the Planning Board, the ARB public hearing shall be held concurrently
with the hearing held by the Planning Board for said latter approval(s).
A.
In considering an application, the ARB shall take into account the
natural and man-made features of the site and its surroundings, and
the character of the zoning district and its peculiar suitability
for particular purposes, with a view to conserving existing values
and encouraging the most appropriate use of land.
B.
The Board may approve an application referred to it upon finding
that the building or structure for which the permit was requested
would be in harmony with the purposes of this chapter, would not be
visually offensive or inappropriate because of the poor quality of
exterior design, would not constitute monotonous similarity or visual
discord in relation to the site or its surroundings, would not mar
the appearance of the area, would not be detrimental to the character
of the neighborhood, and would not prevent an appropriate development
and utilization of the site and adjacent lands.
C.
In approving any application, the ARB may impose appropriate conditions
and safeguards designed to prevent harmful effects. Such conditions
and safeguards may include modification of the proposed design and/or
screening, planting, fencing or other methods.
D.
The ARB may conditionally approve, subject to specified modifications,
or disapprove any application, provided that the ARB finds the project
as proposed would be so detrimental to the desirability, property
values or development of the site and/or surrounding areas so as to
cause one or more of the harmful effects set forth below:
(1)
Monotonous similarity to any other structure or structures located
or proposed to be located on the same street or a corner thereof and
within 350 feet of the subject site, with respect to one or more of
the following features of exterior design or appearance:
(2)
Striking dissimilarity, visual discord or inappropriateness in general
or with respect to other structures located or proposed to be located
on the same street or a corner thereof and within 350 feet of the
subject site, with respect to one or more of the following features
of exterior design or appearance:
(a)
Visual offensiveness or inappropriateness because of the poor
quality of exterior design, visual discord in relation to the site
or its surroundings, the marring of the appearance of the area, being
detrimental to the character of the neighborhood, or preventing an
appropriate development and utilization of the site and adjacent lands.
(b)
Visual offensiveness of the facade, or the size or arrangement
of doors, windows, rooflines, porticoes, porches or garages, or other
openings or breaks or extensions in the facade.
(c)
Visual offensiveness or other poor quality of exterior design,
including with respect to the harmony or discord of colors, or incompatability
of the proposed building or structure with the terrain on which it
is proposed, including but not limited to excessive divergences in
the height of the level of any part of the structure from the grade
of the terrain.
B.
Escrow accounts.
(1)
In addition to the payment of the fees required in Subsection A of this section, the ARB shall adjust the fees sufficiently to reimburse the Town for the cost of professional consultation fees and other expenditures attributable to the proposal. The ARB shall establish an escrow account, as follows, funded by the applicant in connection with authorizing the performance of professional consulting services regarding the proposal.
(2)
At the time of the submission of any application and prior to its
review by the ARB, the ARB shall require the establishment of an escrow
account, from which withdrawals shall be made to reimburse the Town
for the cost of professional consultation services. The applicant
shall provide funds to the Town for deposit into such account in the
amount set by resolution of the Town Board in the Fee Schedule.[2] It is the intent of these regulations to ensure that the
applicant always has on deposit with the Town adequate funds to ensure
that the Town will never subsidize application review or inspection
costs at any time.
[2]
Editor's Note: Said Fee Schedule is on file in the Town
offices.
(3)
The applicant shall be provided with copies of the consultant's
invoice or the Town's costs for such services as they are submitted
to the Town. When an escrow account is drawn down to 50% of its original
amount resulting from payment of said invoice, the applicant shall
be required to deposit additional funds into such account to bring
its balance up to 100% of the original amount. If such account is
not fully replenished within 21 days of notice to the applicant for
additional funds, the ARB shall suspend its review of the application.
In the case of post-approval inspections and reviews involving construction,
the Town may issue a stop-work order for such nonpayment.
(4)
No approval shall be granted until all professional consultation
fees charged in connection with the review of the project have been
reimbursed to the Town. No building permit or certificate of occupancy
shall be issued unless all professional consultation fees charged
in connection with the review and inspection of the project have been
reimbursed to the Town. No refunds of any funds remaining on deposit
in escrow shall be issued until after all pertinent professional review
and inspection charges have been reimbursed to the Town.
A.
Any person who violates any provision of this chapter shall be guilty
of an offense punishable by a fine of not more than $1,000. For a
second and subsequent offense within a one-year period, the violator
shall be guilty of a violation punishable by a fine of not more than
$2,000. Each violation of this chapter shall amount to a separate
offense.
B.
In addition to any other penalty, any person, firm or corporation
or individual connected with such firm or corporation violating any
provision of this chapter shall be subject to a civil penalty enforceable
and collectible by the Town in the amount of $500 for each and every
violation of this chapter.
C.
No certificate of occupancy shall be issued for any new construction
on the property on which occurred any violation of this chapter unless
and until the provisions of the chapter have been complied with. Further,
any site plan approval, special permit, conditional use permit or
building permit associated with the violation will be suspended or
revoked until steps taken by the offender meet the satisfaction of
the ARB. Work may only resume upon the issuance of a certificate of
completion by the Building Inspector.
The Town Board hereby designates the Building Department with
the responsibility of the enforcement of the provisions of this chapter.
The provisions of this chapter shall not apply to any land use,
improvement or development for which a valid, existing final approval
shall have been obtained prior to the effective date of this chapter
from the authority or authorities of the Town of Ossining having jurisdiction
over such land use. As used in this section, the term "final approval"
shall mean:
This chapter may be amended by the Town Board after due notice
and public hearing.
If any clause, sentence, paragraph, section or part of this
chapter shall be adjudged by any court of competent jurisdiction to
be invalid, such judgment shall not affect, impair or invalidate the
remainder thereof but shall be confined in its operation to the clause,
sentence, paragraph, section or part thereof directly involved in
the controversy in which such judgment shall have been rendered.
