[Added 12-15-1984 by L.L.
No. 3-1984]
[Amended 10-10-2020 by L.L. No. 5-2020]
A.
It is the purpose of this article to preserve and promote the character
and appearances and conserve the property values of the Village, the
attractiveness of whose residential areas is the economic mainstay
of the community, by providing procedures for an architectural review
of the structures henceforth erected, reconstructed or altered in
the Village, to achieve the following purposes and objectives:
(1)
To encourage good qualities of exterior building design and good
appearances and to relate such design and appearances to the sites
and surroundings of structures;
(2)
To permit originality and resourcefulness in building design and
appearances which are appropriate to the sites and surroundings; and
(3)
To prevent such design and appearances as are necessarily offensive
to visual sensibilities.
B.
The Board of Trustees hereby finds that structures which are visually
offensive or inappropriate by reason of poor qualities of exterior
design or materials, monotonous similarity or striking visual discord
in relation to their sites or surroundings mar the appearances of
their areas, impair the use, enjoyment and desirability and reduce
the values of properties, are detrimental to the characters of neighborhoods,
prevent the most appropriate development and utilization of land,
and therefore adversely affect the functioning economic stability,
prosperity, health, safety and general welfare of the entire community.
[Amended 7-6-1985 by L.L.
No. 1-1985; 10-10-2020 by L.L. No. 5-2020]
A.
There is hereby created an Architectural Review Board which shall
consist of five members who shall serve without compensation. All
members of the Board shall be residents of the Village. Members of
the Board should have interests, training or experience in architecture,
land development, community planning, real estate, landscape architecture,
engineering, building construction or judgment, to judge the effects
of a proposed building upon the desirability, property values and
development of surrounding areas.
B.
The Chairperson and other members of the Board shall be appointed
by the Board of Trustees. The term of office of each member shall
be three years, except that the initial appointments of one member
shall be for one year, and of a second and third member for two years,
and of a fourth and fifth member for three years. In the same manner
vacancies shall be filled for the unexpired term of any member whose
place has become vacant. The Architectural Review Board shall appoint
a Secretary who shall keep or cause to be kept in the Village Hall
a comprehensive record of all meetings of the Board, as well as a
record of all transactions handled by said board and shall prepare
and file with the Board of Trustees on or before September 1 of each
year a complete report of the business handled by the Board during
the preceding year ended May 31.
[Amended 11-4-2000 by L.L. No. 2-2000; 10-10-2020 by L.L. No. 5-2020]
A.
Meetings of the Architectural Review Board shall be held at the call
of the Chairperson and at such other times as the Board shall determine.
The Board may hold a public hearing when it deems the same to be in
the public interest. Such public hearing shall be held within 75 days
of the referral by the Building Inspector. Notice of the hearing shall
be given by publication in the official paper of the Village of Dering
Harbor one time not less than 10 days before the date of the hearing,
and by requiring the applicant to mail written notice of the date,
time and place of the hearing, and a summary of the purpose of the
application, by certified mail, return receipt requested, to every
property owner, as shown on the current Village of Dering Harbor assessment
rolls, of parcels within 250 feet of the property which is the subject
of the application, proof of which shall be submitted to the Board
on or before the commencement of the public hearing in the form of
an affidavit with postal receipts annexed thereto confirming mailing
of said notices at least 10 days prior to the hearing date. The failure
of the notice to be published in the newspaper or the applicant to
provide the required proof of mailing shall require the Board to adjourn
the public hearing and cause the public hearing to be renoticed.
[Amended 11-12-2022 by L.L. No. 7-2022]
B.
A majority of the Board shall constitute a quorum for the transaction
of business. The Architectural Review Board shall keep minutes of
its proceedings showing the vote of each member upon each question,
or if absent or failing to vote indicating such fact, and shall also
keep copies of its examinations and other actions.
C.
The Architectural Review Board shall have power from time to time to adopt, amend, and repeal rules and regulations not inconsistent with law or the provisions of this chapter governing its procedures and the transaction of its business, and for the purpose of carrying into effect the standards outlined in § 230-65, such action to be taken after a duly noticed public hearing.
[Added 9-14-2019 by L.L.
No. 7-2019; 10-10-2020 by L.L. No. 5-2020]
A.
The Board of Trustees shall designate the Chairperson of the Architectural
Review Board. Such designation shall be for one official year of the
Village and shall expire at the end of each official year. During
the absence, disability or disqualification of the Chairperson, the
Vice Chairperson elected by the Board of Architectural Review shall
perform all the duties, exercise the powers and be subject to all
of the responsibilities of the Chairperson. The designation of Chairperson
may be withdrawn at the pleasure of the Village Board. The duties
of the Chairperson shall be as follows:
(1)
To preside at all meetings.
(2)
To postpone meetings due to inclement weather and to call special
meetings.
(3)
To sign, together with the administrative support personnel of the
Village Clerk or Building Inspector, all official documents of the
Board of Appeals.
(4)
To see that all reports, documents, and actions of the Architectural
Review Board are properly made, executed, filed or taken, as the case
may be, in accordance with law and regulations of the Architectural
Review Board.
(5)
To serve as liaison to the Village Board of Trustees and other Village
boards.
B.
Alternate members. For the purposes of substituting for a member
of the Architectural Review Board in the event that such member is
unable to participate because of a conflict of interest or is otherwise
unavailable due to a long-term absence, disability or disqualification,
the Mayor may appoint one or more alternate members subject to the
approval of the Board of Trustees, with any such appointment for a
term of one year from the date of appointment. Any designation of
an alternate member in replacement of a member on a particular case
because of a conflict of interest or unavailability due to a long-term
absence, disability or disqualification shall be made by the Chairperson
of the Architectural Review Board and shall be entered in the minutes.
[Amended 7-6-1985 by L.L.
No. 1-1985; 11-4-2000 by L.L. No. 2-2000; 4-14-2018 by L.L. No. 1-2018; 10-10-2020 by L.L. No. 5-2020]
A.
Presubmission conference.
(1)
Prior to the submission of a building permit application, the owner
or his/her agent may submit preliminary plans, elevations, sketches
and/or proposals to the Architectural Review Board for consultation
at a presubmission conference. The purpose of such conference is to
enable an owner and his/her architect to have the benefit of the Board's
preliminary and informal input as to form, layout, design, development
constraints, zoning, and other issues related to the conformance of
the standards and criteria set forth in this article before preparing
fully designed and engineered plans necessary to make a formal application.
Presubmission conferences are recommended for construction of new
buildings or structures and substantial alteration or additions to
existing buildings or structures.
(2)
A landowner seeking a presubmission conference shall submit his/her
request in writing accompanied by proposed plans and documents to
the Village Clerk at least 20 days prior to a regularly scheduled
meeting of the Architectural Review Board.
(3)
Presubmission conferences shall be placed on the agenda and held
at a regular meeting of the Architectural Review Board or may be scheduled
at a special meeting with due notice. A presubmission conference is
not a public hearing, but members of the public may attend the meeting
and provide comments.
(4)
Due to the informal nature of the presubmission conference, comments
of the Architectural Review Board at a presubmission conference shall
be considered preliminary and shall not be binding on the Board or
the applicant.
B.
As soon as practicable and in any event within five business days
after determining that an application for a building permit for the
demolition, construction, reconstruction or alteration of any building
or structure complies with all provisions of the Zoning Law, other
than this article, the Building Inspector shall transmit to the Board
of Architectural Review a copy of any such application which the Building
Inspector first determines comes within any of the following categories:
[Amended 7-9-2022 by L.L. No. 3-2022]
(1)
Construction of any new building or structure;
(2)
An addition or reconstruction, demolition or alteration of any existing
building or structure, in such a manner as to change substantially
the exterior character and appearance of the building or structure.
Interior alterations to an existing building or structure and the
in-kind replacement of materials of an existing building or structure
shall not be considered to be a substantial change requiring review
by the Architectural Review Board for the purposes of this section.
(3)
All fences and walls, including fences for pools, tennis courts and
gardens.
C.
The referral of an application by the Building Inspector shall be
made to the Chairperson of the Architectural Review Board who shall,
within five business days of the referral, classify the application
as either "substantial" or "nonsubstantial" construction. An application
for nonsubstantial construction may be reviewed by a committee of
one member of the Board, but all applications for substantial construction
shall be reviewed by the Board (consisting of at least the majority).
(1)
Applications for nonsubstantial construction reviewed by a committee of one member of the Board under this subsection shall be approved, denied or approved with conditions based upon the criteria and standards set forth in § 230-65.
(2)
A person aggrieved by the decision of the committee of one member
of the Board may request such decision be reviewed by the Board. Such
request shall be made in writing within 30 days of when the decision
of the committee of one member of the Board is filed in the office
of the Village Clerk. Any such request to the Board shall be reviewed
in the same manner as an application for substantial construction.
(3)
Notwithstanding any provision in this Subsection C to the contrary, the Chairperson or the Board member designated to review the application may classify any application considered nonsubstantial construction as substantial construction requiring Board review.
(4)
Notwithstanding a classification of the application as nonsubstantial
by the Chairperson, the applicant may request that the application
be reviewed by the Board.
D.
The Building Inspector shall not transmit any application for a building
permit to the Architectural Review Board until it has been found to
be complete for review by the Building Inspector as having met every
provision of the Zoning Law, other than this article. If the Building
Inspector's review is pending or a variance from the Zoning Board
of Appeals is required for any part of the application, then the application
shall not be submitted to the Architectural Review Board until all
such required review and Board of Appeals' approvals have been issued.
The Building Inspector's finding of completeness under this article
does not constitute a final appealable determination or a building
permit.
E.
In the event the Architectural Review Board receives an application
from the Building Inspector that is not complete for review, the Architectural
Review Board at a regular meeting or at a special meeting called by
the Chairperson or Acting Chairperson may make a determination that
the application is not complete for review and return the application
to the Building Inspector until such time the application has been
found to be complete for review.
F.
Applications must be accompanied by plans which are prepared and
certified by, and stamped with the seal of, a licensed architect,
engineer, and/or surveyor showing all elevations of new structures
and all affected elevations in the case of additions or alterations.
Where deemed necessary by the Building Inspector or Architectural
Review Board, the application shall be accompanied by a fully dimensioned
site plan based upon a current survey of the property prepared by
a licensed surveyor. The site plan submitted shall show both existing
and proposed contours at five-foot intervals, all existing trees with
a trunk diameter of 12 inches or more at a point three feet above
the ground level and whether such trees shall remain or be removed,
existing and proposed landscaping, and/or other topographical features
existing or planned but not limited to all changes in grades and berms.
G.
All applications submitted by or appeared by anyone other than the
owner of record according to the title of the property, an owner's
endorsement or a letter of agency must be submitted and no application
will be accepted or reviewed by the Village of Dering Harbor or its
representatives if the owner's representative submitting the application
does not submit or have a letter of agency signed by the owner of
record on file with the Village Clerk. All parties to the application
must also submit the required disclosure affidavit as required under
§ 809 of the New York State General Municipal Law.
H.
All applications for any action by the Architectural Review Board
shall be submitted in the form required by the Board and filed in
the Village office. A digital copy of said application shall be submitted
in a format determined, and changed as needed, by the Village Clerk.
I.
Every request for a presubmission conference or an application referred
to the Architectural Review Board shall be subject to an application
review fee in an amount set by the Board of Trustees, adopted from
time to time by resolution.
[Amended 11-4-2000 by L.L. No. 2-2000; 4-14-2018 by L.L. No. 1-2018; 10-10-2020 by L.L. No. 5-2020]
A.
Approval of any building permit shall be by a vote of a majority
of the members of the Architectural Review Board. All decisions of
the Architectural Review Board shall be by resolution, approved by
no fewer than three members and shall contain a full record of the
findings of the Board in the particular case. Any vote not obtaining
a majority of the members shall be considered to be a denial.
B.
In considering an application for a permit, the Architectural Review
Board shall take into account natural features of the site and surroundings,
exterior design and appearances of existing structures, and the character
of the district and its peculiar suitability for particular purposes,
with a view to conserving the values of property encouraging the most
appropriate use of land.
C.
The Architectural Review Board may approve any application referred
to it upon finding that the building or structure for which the permit
was requested if erected or altered in accordance with the submitted
plan would be in harmony with the purpose of this article, would not
be visually offensive or inappropriate by reason of poor quality of
exterior design or materials, monotonous similarity or striking visual
discord in relation to the sites or surroundings, would not mar the
appearance of the area, would not impair the use, enjoyment and desirability
and reduce the values of properties in the area, would not be detrimental
to the character of the neighborhood, would not prevent the most appropriate
development and utilization of the site or of adjacent lands and would
not adversely affect the functioning economic stability, prosperity,
health, safety and general welfare of the entire community.
D.
In approving any application the Architectural Review Board may impose appropriate conditions and safeguards, designed to prevent the harmful effects set forth in § 230-60.
E.
The Architectural Review Board may disapprove any application for a permit, provided that the Board has afforded the applicant a reasonable opportunity to confer upon suggestions for change of the plan, and provided that the Board finds and states that the structure for which the permit was requested would, if erected or altered as indicated, provoke one or more of the harmful effects set forth in § 230-60 by reason of:
(1)
Monotonous similarity to any other structure or structures or proposed
to be located on the same street or a corner thereof and within 250
feet of the site of the structure for which a building permit is requested,
in respect to one or more of the following features of design and
appearance:
(a)
Substantially identical facade, disregarding color;
(b)
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; or
(c)
Other substantially identical features such as, but not limited
to, setbacks from street lines, heights, widths and lengths or elements
of the building design, and exterior materials and treatments;
(2)
Striking dissimilarity, visual discord or inappropriateness with
respect to other structures located or proposed to be located on the
same street or a corner thereof and within 250 feet of the site of
the structure for which a building permit is requested, in respect
to one or more of the following features of exterior design and appearance:
(a)
Facade, disregarding color;
(b)
Size and arrangement of doors, windows, porticos, porches or
garages, or other openings, breaks or extensions in the facade; or
(c)
Other significant design features such as, but not limited to,
heights, widths and lengths of elements of design, exterior materials
and treatments, roof structures, exposed mechanical equipment, service
and storage areas, retaining walls, landscaping, signs, light posts,
parking areas and fences, service and loading areas.
(3)
Visual offensiveness or other poor qualities of exterior design or
materials, including, without limitation, considerations of the harmony
or discord of colors, or incompatibility of the proposed structure
with existing structures in the Village or with the terrain on which
it is to be located, but not limited to excessive divergences of the
heights or levels of any part of the structure from the grade of the
terrain.
(4)
The Architectural Review Board shall maintain the desirable character
of the Village and disapprove the construction, reconstruction, alteration
and development of buildings that are designed without consideration
of the harmonious relation of the new or altered building to such
buildings as already exist and make up the identity of the community.
(5)
The Architectural Review Board shall maintain the identity and heritage
of the community of the Village of Dering Harbor in its review and
decision-making process. The identity of the community of the Village
of Dering Harbor is founded on its past; and the historic, architectural,
cultural and natural resources of the community of the Village of
Dering Harbor constitute its heritage.
(6)
It is the purpose of the Architectural Review Board to preserve and
enhance the character, history, historical interest, beauty, general
welfare and property values of the Village of Dering Harbor.
(7)
Any
request for demolition of a building or structure, in whole or in
part, shall include specific details relating to the demolition and
the redevelopment after demolition, demonstrating how the proposed
demolition and redevelopment will preserve and enhance the character,
history, historical interest, beauty, general welfare and property
values of the Village of Dering Harbor.
[Added 7-9-2022 by L.L. No. 3-2022]
F.
Review of fences and walls. The Architectural Review Board shall review applications for fences and walls, including such applications seeking to make substantial alteration, replacement, modification or change to preexisting fences and walls that do not conform to the requirements of § 230-19A. In addition to the standards in § 230-65E, the Architectural Review Board shall find that the fence or wall will be compatible with the design, appearance, improvements, and physical characteristics of the site and other existing structures in the surrounding neighborhood; that the materials, height, orientation, and location of the fence or wall is in proper relation to the existing or proposed improvements on the site, to public infrastructure and to other fences or walls on adjacent properties and in the neighborhood; that the fence or wall will be a planned architectural feature and will not dominate the site or overwhelm surrounding properties, structures, or passersby; and that the fence or wall will be of sound construction and located so as not to cause a safety hazard. The use of chain-link, cyclone, barbed-wire, electrified, or razor-wire fences and other similar types of security fences shall be prohibited. Generally, fences along the front lot line or street line shall be of an open grill or latticework, or similar open design allowing light and air to pass through at least 50% of the fencing material. Stockade fences and walls that block views within the front yard or along a street line are discouraged. The Architectural Review Board shall have the authority to impose greater setbacks or reduce the height of fences and walls, and to impose reasonable conditions.
G.
Compliance with approved plans.
(1)
The decision of the Architectural Review Board shall expressly reference
the title of the plans, number of sheets, preparer of the plans and
all other documents presented and relied upon by the Board in making
its decision. The decision of the Board and approved plans shall be
signed by the Chairperson and delivered to the Building Inspector.
If the Board's decision is conditioned upon a modification to the
plans, the applicant shall submit revised plans complying with such
conditions prior to the Chairperson signing same.
(2)
The Building Inspector shall not issue a building permit unless the
plans submitted therewith duly comply with the decision of the Architectural
Review Board. A substantial alteration or change in the plans shall
require resubmission to the Architectural Review Board.
(3)
Prior to the issuance of a certificate of occupancy/compliance, the
Building Inspector shall make written request to the Chairperson of
the Architectural Review Board to cause an inspection of the property
to determine compliance of the completed construction with the approved
plans. The Chairperson or other designated Board member shall provide
a written report to the Building Inspector within five business days
with respect to the project's compliance. A substantial alteration
or change in the construction from the approved plans shall require
resubmission to the Architectural Review Board.
(4)
The Building Inspector shall not issue a certificate of occupancy/compliance
unless and until the Chairperson or other designated Board member
reports that the construction is in substantial compliance with the
approved plans.
(5)
Failure to obtain the approval of the Architectural Review Board
as required under this article or failure to adhere to approved design
which has been subject to the approval of the Architectural Review
Board or any conditions of such approval shall be a violation of this
chapter.
[Amended 10-10-2020 by L.L. No. 5-2020]
The Board of Architectural Review shall advise with respect
to public buildings and such other matters as the Board of Trustees,
the Zoning Board of Appeals and the Planning Board may refer to it.
[Amended 2-27-1999 by L.L. No. 1-1999; 10-10-2020 by L.L. No. 5-2020; 11-12-2022 by L.L. No. 7-2022]
A.
The Building Inspector shall refuse any building application disapproved as provided in § 230-65.
B.
Within
75 days of the conclusion of the public hearing or, if none was held,
within 75 days of the referral from the Building Inspector determining
the application to be complete for review, the Architectural Review
Board shall determine whether the application complies with the purposes
and specifications of the Zoning Code and shall so inform the Building
Inspector and Village Clerk and the applicant, in writing, of its
approval, approval with modifications, or disapproval. This 75 day
period may be extended by the Architectural Review Board upon the
written consent of the applicant. Failure by the Architectural Review
Board to hold the public hearing or render such decision within the
time periods set forth herein shall be deemed an approval by default
of the application. In the event a default approval is demanded by
the applicant, the Building Inspector may issue the building permit
provided it is demonstrated that the Architectural Review Board did
in fact default as provided hereunder.
C.
The approval
of the Architectural Review Board shall expire within 120 days of
the date the resolution approving the application was adopted by the
Architectural Review Board unless a building permit has been issued.
Extension of such approval and the time to file for a building permit
may be granted by the Architectural Review Board for one additional
90 day period, provided the applicant: i) requests an extension at
least 30 days' prior to expiration of the approval; ii) pays all applicable
extension fees in an amount set by the Board of Trustees from time
to time by resolution; and iii) provides a reasonable explanation
for the delay in processing the building permit application. A new
application shall be made if the approval of the Architectural Review
Board or the building permit has expired.
[Amended 11-4-2000 by L.L. No. 2-2000; 10-10-2020 by L.L. No. 5-2020]
Any person aggrieved by a decision of the Architectural Review
Board in approving or disapproving an application may bring a proceeding
to review in the manner provided by Article 78 of the Civil Practice
Law and Rules in a court of record on the ground that such action
is illegal in whole or in part. Such proceeding must be commenced
within 30 days after the filing in the office of the Village Clerk
of the decision of the Architectural Review Board after its consideration
of the application.
This article shall supersedes provisions of this chapter to
the extent that they conflict with or are contrary to the provisions
of this article.
