[Amended 7-13-2020 by L.L. No. 5-2020; 12-27-2021 by L.L. No. 1-2022]
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.
A.
Preapplication conference. Applicants are encouraged to informally
discuss their proposals with the Code Enforcement Officer, a maximum
of two Planning Board members, the ARC and other Town staff and consultants
at a meeting prior to formal submission of an application. These informal
discussions may include reviews of preliminary design concepts.
B.
Submission procedures. All applications shall be submitted to the
Code Enforcement Office for a determination of whether Planning Board
review is required. The Code Enforcement Office may assign a particular
plan to the ARC for review as well.
(1)
Building permit applications. Applications for signs or modification,
reconstruction or remodeling, or other construction not requiring
site plan or special permit approval shall also be submitted to the
Code Enforcement Office (CEO) for a determination as to whether referral
for an architectural review to the Planning Board or ARC is required.
(a)
If the proposal is merely to replace the existing paint color
with one from the approved historical color pallet, or to replace
a sign or material substantially in kind, the CEO may approve said
proposal without referral to the Planning Board or ARC.
(b)
If the CEO determines that the proposed change in color or material
is not merely a replacement substantially in kind, or if the CEO is
uncertain, the CEO shall refer the proposal to the Planning Board
or ARC.
(2)
Site plan and special permit applications. Applications for
construction of any buildings or structures that also require site
plan or special permit approval shall be submitted to the CEO as part
of the submission for the site plan or special permit.
C.
Materials. Applications for Planning Board review and approval shall
include the following:
(1)
A properly completed application for architectural review.
(2)
A copy of any application for site plan or special permit, including
copies of any maps or plans submitted, if applicable.
(3)
Plans and elevations of existing and proposed buildings or structure(s)
shall be prepared by a registered architect and/or professional engineer
or professional draftsman or designer, showing the architectural features
of all existing and proposed construction, and the details of all
elements of exterior design, including exterior materials, colors
and texture, roof design (including mechanical equipment which will
protrude above the roof), awnings and other decorative elements. The
plans shall also show the relationship of the proposed structure(s)
to neighboring structures as to height, scale, size, design, rhythm,
setback, materials, texture, facade treatment and sign location and
treatment. Such information shall be at a scale and of a quality to
enable the Planning Board or ARC to assess the appearance of the proposed
structure(s) and their relationship to their surroundings. Where necessary
for such purposes, the Planning Board or its consultants may require
perspective renderings or scale models to be submitted. The above
requirements may be modified by the CEO or the Planning Board depending
on the nature of the project.
(4)
Notwithstanding the foregoing, where a renovation or modification
does not require site plan approval, the drawings need not be prepared
by a licensed professional, but must clearly portray the architectural
features to be reviewed. If the proposed project involves repainting
that will change the existing color scheme, the applicant shall provide
an eight-inch-by-ten-inch photo of the building or structure along
with color samples selected from the Benjamin Moore Historical Color
Preview Palette.
(5)
A description of all exterior materials. Samples of all exterior
materials and color samples shall be brought to the Planning Board
meeting.
A.
The Planning Board or ARC shall review the exterior architectural
features of the proposed construction, additions, alterations or remodeling,
and evaluate them in accordance with the adopted guidelines set forth
in the Architectural and Building Form Guidelines, as such may be
amended from time to time.
B.
The Planning Board or ARC shall give strong consideration to architectural
design and aesthetic considerations, including architectural elevations,
facade treatments, building exterior finish and ornamentation, signage,
windows, and lighting, in order to convey an attractive appearance
and to help restore the hamlet centers to an appearance consistent
with that promoted by the design guidelines. For both new structures
and replacements, renovations and alterations, the appearance, color,
material, texture, and design of structures, including roof pitch
and building mass, and the size, shape, location and number of window
and door openings shall be reviewed by the Planning Board or ARC as
to their consistency with the Architectural and Building Form Guidelines
and to their compatibility with adjacent buildings so as to avoid
unnecessary or inappropriate contrast with surrounding structures.
C.
In exercising its authority, the Planning Board or ARC shall consider
costs of materials, availability of materials, and the needs and objectives
of the project sponsor. The Planning Board or ARC shall make every
reasonable effort to find a means of achieving the applicant's goals
in conformance with the purposes of this article. Where the Planning
Board or ARC has objections to a proposal, it shall make every effort
to work with the applicant in developing an economically feasible
plan to address any objections.
A.
Authority of the Board. The Planning Board, after consulting with
the ARC, may either approve, approve subject to specific modifications
or submission of additional data or material, or disapprove the proposed
exterior architectural features of the construction, additions, alterations
or remodeling.
B.
Approval. Approval shall be based upon a finding that the proposed
construction, additions, alterations or remodeling meets the adopted
guidelines set forth in the Architectural Review and Building Form
Guidelines, if applicable.
C.
Approval subject to modifications. Approval with modifications shall
be based on a finding that the exterior architectural features of
the proposed construction, additions, alterations or remodeling would
meet the guidelines set forth in the Architectural and Building Form
Guidelines if certain modifications were made, or that the Planning
Board or ARC requires additional data or material in order for the
Planning Board to grant approval to the proposed project. The findings
shall set forth the specific modifications necessary to meet such
guidelines, and/or the specific data or material required to satisfy
the Board's requirements.
D.
Disapproval. Disapproval shall be based on a finding that one or
more exterior architectural features fail to meet the guidelines of
the Architectural and Building Form Guidelines, and cannot be altered
to meet such guidelines by one or more particular modifications. Disapproval
may also be made if the applicant has failed to submit reasonably
necessary elevations, renderings, samples or specifications sufficient
to enable the Board to review the application.
E.
The ARC shall promptly submit comments to the Planning Board concerning
the visual impact issues and any other environmental issues relating
to the architectural features. Where practicable, the ARC may also
forward informal comments to the Planning Board on any review that
the ARC has undertaken. All such comments should be submitted to the
Planning Board prior to the close of the public hearing.
F.
Time for decision.
(1)
The Planning Board shall not issue a final decision on the application
until after the close of any Planning Board public hearing on the
site plan, so that any public comments may be transmitted, and a negative
declaration or SEAR findings have been issued by the Planning Board
as lead agency, if there is an uncoordinated review or the action
is not subject to Planning Board review.
(2)
The Planning Board shall render its decision pursuant to the required time periods of Article VI or VII of this chapter, or of Chapter 260, Subdivision of Land, as applicable to the review of the project, so long as the applicant submits reasonably necessary elevations or other reasonably necessary documents at the outset.
G.
Filing of decision. The decision of the Planning Board shall be filed
in the office of the Town Clerk within 10 business days after such
decision is rendered, and a copy thereof mailed to the applicant.
H.
Expiration of approval. Planning Board approval shall expire one
year from the date of approval, unless an extension is granted by
the Planning Board at the request of the applicant prior to the expiration.
Only one six-month extension shall be permitted. When recommendations
are made by the ARC upon referral from the Planning Board, the expiration
of approval will be at the discretion of the Planning Board.
A.
The Code Enforcement Officer shall not issue any permit, including
a building permit, seasonal operating permit, operating permit or
a certificate of occupancy for any construction, additions, alterations
or remodeling, the architectural features of which have not been approved,
or which have been disapproved by the Planning Board through consultation
with the ARC. The Code Enforcement Officer may approve a building
permit for proposed construction, additions, alterations or remodeling
conditionally approved by the Planning Board with input from the ARC,
or grant a seasonal operating permit, as soon as the conditions specified
in such conditional approval have been fulfilled, provided that the
proposed construction, additions, alterations or remodeling otherwise
qualifies for a building permit. The Code Enforcement Officer may
issue a building permit for proposed construction, additions, alterations
or remodeling approved by the Planning Board, provided that it otherwise
qualifies for a building permit. The Code Enforcement Officer shall
issue a building permit for proposed construction, additions, alterations
or remodeling which have been referred to the Planning Board or ARC
for review and on which the Board has failed to act within the time
periods set forth in the preceding section, provided that the proposed
construction, additions, alterations or remodeling otherwise qualifies
for a building permit.
B.
Where the proposed project or construction requires site plan approval,
the Planning Board Chair shall not sign the site plan until the ARC
review has been completed and reviewed by the Planning Board, and
the Planning Board has issued an approval, or approval subject to
conditions, if applicable.
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.
A.
No building permit, seasonal operating permit, operating permit or
certificate of occupancy shall be issued until the applicant shows
compliance with this article.
B.
No construction shall take place except as approved by the Planning
Board pursuant to the provisions of this article.
C.
Any person, firm, organization, corporation or group who violates this article, or who engages in construction without obtaining the required approval of the Planning Board or Code Enforcement Officer as required in this article, or who engages in construction contrary to the provisions and conditions of the Planning Board approval, or any person who uses or operates a business in any building or structure constructed in violation of the provisions or conditions of any Planning Board approval or building permit as required by this article shall be prosecuted pursuant to § 96-15 of the Town of Fallsburg Code.
D.
Nothing in this article shall be construed as depriving the Town
or the Town Board of any other available remedy, either of a civil
or criminal nature, as provided by law.
