It is the intent of the Town of Fallsburg for architectural review and approval of buildings to be administered by either the Planning Board or the Architectural Review Consultant (ARC), as indicated in this chapter, according to the division of jurisdiction in §
310-30.2 below. The Town designates the Planning Board to review the architecture of residential projects due to their complexity, the large number of meetings, and length of time required to review such applications, particularly duplex developments, multifamily developments, townhomes and cluster subdivisions. The Town designates the ARC to review the architecture of nonresidential projects, as well as alterations to any buildings listed on the National or State Register of Historic Places.
A. Architectural Review Consultant.
(1)
Consultant. The ARC shall be chosen for qualification and training
in the fields of architecture, landscape architecture, construction,
planning, design or other related disciplines. The Planning Board
shall appoint the ARC when the Planning Board deems it necessary to
do so based on the application before it. The ARC shall issue reports
or recommendations directly to the Planning Board.
No material change in signage, roofing, windows, or exterior
building design, coloration, finish or trim, nor any new construction
of buildings, shall take place without the prior review and approval
by the Planning Board or ARC pursuant to these provisions. The Planning
Board shall appoint the ARC to review these items at the Planning
Board's discretion. These provisions may apply to a change in use
that is not subject to site plan review if it falls within the Planning
Board's jurisdiction as described below:
A. Jurisdiction of Planning Board. Planning Board review and approval
shall be required for the following actions concerning the architecture
of residential buildings and/or structures, as listed below. For the
purposes of this section, residential buildings and/or structures
shall include duplex developments, townhouse developments, multifamily
developments, and multifamily developments as part of a cluster development,
and shall exclude one-family dwellings:
(1)
For residential buildings or structures, other than one-family
dwellings, that are subject to Planning Board review within any zoning
districts:
(a)
Proposed painting or alteration of exterior architectural features
on residential buildings, outside of the approved historical color
pallet;
(b)
Proposed new construction of any residential buildings;
(c)
Placement of any signs on any residential buildings or structures;
or
(d)
Erection of any freestanding signs associated with residential
projects.
(2)
The Planning Board may, at its discretion, request input from
the ARC regarding the landscaping plans or building designs for any
architectural reviews before the Planning Board for any zone in the
Town of Fallsburg.
B. Jurisdiction of Architectural Review Consultant. The Planning Board
shall appoint the ARC in each of the following instances:
(1)
For nonresidential buildings or structures that are subject
to Planning Board Review within any zoning districts:
(a)
Proposed painting or alteration of exterior architectural features,
outside of the approved historical color pallet;
(b)
Proposed new construction of any nonresidential buildings or
structures;
(c)
Placement of signs on any nonresidential buildings or structures;
(d)
Erection of any freestanding signs associated with nonresidential
projects;
(2)
The proposed alteration of any building within the Town that
is listed on the National or State Register of Historic Places, regardless
of whether or not Planning Board review is required.
C. Review of proposed construction. The Planning Board or ARC, as designated
above, shall review and approve the exterior architectural features
of proposed construction, additions, alterations or remodeling of
buildings or structures, and prior to the issuance of any building
permit and, where site plan approval is required, prior to the granting
of final approval of the site plan or the signing of any site plan.
D. Signs. The ARC shall have the authority to review, upon the referral of the Code Enforcement Officer or Planning Board, and approve or disapprove, signs intended to advertise businesses, pursuant to Chapter
234 in the Town Code labeled "Signs," regardless of zone or use category.
E. Notwithstanding anything herein to the contrary, the Planning Board
shall retain exclusive jurisdiction over all elements of the site
plan, although it shall consult with the ARC on architectural features,
color and design. For example, where site plan approval is required,
the Planning Board shall exercise exclusive review authority over
landscaping, screening and fencing pursuant to its site plan authority.
At the Planning Board's discretion, it may ask for ARC review and/or
input regarding this topic.
If at any time, either before or after the issuance of a building
permit, operating permit, seasonal operating permit or certificate
of occupancy, the applicant proposes to change any element of the
Planning Board approval, including architectural features, including
change in design, color, texture, material, addition or deletion of
architectural elements, or any changes to the building footprint,
then the applicant shall submit a request for modification of the
Planning Board approval to the Code Enforcement Officer, who shall
immediately forward it to the Planning Board or ARC at the Code Enforcement
Officer's discretion. The review for a modification shall generally
follow the same procedures as above, but all staff shall make every
effort to expedite the review. Nothing herein shall exempt an applicant
from obtaining an amended site plan approval, if amended site plan
approval is required. The Code Enforcement Officer shall not issue
any permits, including building permits, seasonal operating permits,
operating permits or certificates of occupancy, for construction,
additions, alterations or remodeling which includes exterior architectural
features other than those approved by the Planning Board, until an
amended approval has been obtained to authorize the change.
Any person aggrieved by a decision of the Planning Board, or
any officer, department, board or bureau of the Town, may apply to
the Supreme Court for review by a proceeding under Article 78 of the
Civil Practice Law and Rules. Such proceedings shall be instituted
within 30 days after the filing of a decision by the Board in the
office of the Town Clerk, as further provided in Town Law § 274-a,
Subdivision 11.