[HISTORY: Adopted by the Town Board of the Town of Beekman 8-16-2004 by L.L. No. 3-2004. Amendments noted where applicable.]
A.
Appointment.
There is hereby created an Architectural Review Board (ARB) to administer
this chapter. The ARB shall be an arm of the Planning Board, it shall
be appointed by the Town Board of the Town of Beekman and shall consist
of five members, all of whom shall be residents of the Town of Beekman.
Members shall serve without compensation. Of the members first appointed,
one member shall be appointed for a five-year term, a second for a
four-year term, a third for a three-year term, a fourth for a two-year
term and a fifth member shall be appointed for a one-year term. Their
successors shall be appointed for five-year terms. The Town Board
shall fill vacancies for unexpired terms of any members whose positions
on the ARB shall become vacant.
B.
Members.
The ARB members shall, insofar as possible, be chosen for qualification
and training in the fields of architecture, landscape architecture,
construction, planning, design or other related disciplines.
C.
Chairman.
Annually, the Town Board shall designate one member of the ARB as
Chairman.
D.
Quorum
and meetings. Three members of the ARB shall constitute a quorum for
the transaction of business. Decisions of the ARB shall be the result
of a majority vote of the membership. Meetings shall be conducted
under the Open Meetings Law. The Board is also authorized to make
site visits upon receipt of written permission by the property owner
or the property owner's authorized representative.
E.
Planning
Board and ZBA liaison. One member of the Planning Board and ZBA shall
be selected by said Boards to act as liaison to the ARB. The liaison
member may sit at the table with the members of the ARB, but does
not have a vote or play a role in the determination of a quorum.
F.
Coordination
with other Town agencies. The ARB shall coordinate its activities
with the Building Inspector and Zoning Administrator, the Planning
Board, Zoning Board and Town Board to promote quality and efficiency
in the review process. The ARB may issue advisory reports or recommendations
relating to the visual environment.
A.
Review
of proposed construction. The ARB shall review and approve the exterior
architectural features of proposed construction, additions, alterations
or remodeling of the following buildings or structures, and prior
to the issuance of any building permit and, where site plan approval
is required, prior to the granting of an unconditional final approval
of the site plan or the signing of any site plan to evidence compliance
with all conditions of approval. In cases where site plan approval
is required, the Architectural Review Board shall be considered as
performing one aspect of the overall site plan review, in conjunction
with the Planning Board. The decision of the ARR shall be passed on
to the Planning Board in the form of a recommendation. The final decision
rests with the Planning Board and any decision of the ARB is subject
to review by the Planning Board. Such ARB approval shall be required
for the following buildings and structures:
(1)
Any buildings and/or structures in a commercial, industrial, hamlet
or Town center zone.
(2)
Any buildings in a cluster subdivision which contain two or more
dwelling units, including attached and semidetached units.
(3)
Any buildings and/or structures approved as part of a special use
permit in any zone.
(4)
Any building and/or structure for which a change of use is requested.
(5)
Any building and/or structure as directed by the Planning Board.
B.
Signs.
The Architectural Review Board shall have such authority to review
and make comments and recommendations regarding the design of signs.
C.
Advisory
reports. The ARB may render advisory reports whenever requested to
do so by another board.
D.
Effect
on other reviews. The approvals required herein shall be in conjunction
with any site plan or special use permit approval presently required
by law, subject to the following:
(1)
The review process shall be coordinated to the maximum extent. To
the extent possible, the ARB and the Planning Board and/or Zoning
Board shall conduct their reviews concurrently, and shall coordinate
their reviews to avoid delay, expense and repetitious procedures for
the applicant.
(2)
The Planning Board shall retain exclusive jurisdiction over all elements
of the site plan with the ARB exercising review and recommendation
status over architectural features. 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.
A.
Optional
preapplication discussion. Applicants are encouraged to discuss their
proposals with the ARB informally at a meeting prior to formal submission
of an application. These informal discussions may include reviews
of preliminary design concepts.
B.
Submission
procedures. Applications for construction which also require site
plan or special use permit approval shall be submitted to the Zoning
and Planning Office as part of the submission for the site plan or
special use permit. Applications for modification, reconstruction
or remodeling, or other construction, not requiring site plan or special
use permit approval, shall be submitted to the Building Inspector.
The application shall be forwarded to the ARB within seven days of
the receipt of a completed application meeting the above standards.
C.
Applications.
Applications for ARB approval shall include the following:
(1)
A properly completed application for architectural review.
(2)
A copy of any application for site plan or special use permit, including
copies of any maps or plans submitted.
(3)
Plans and elevations of the proposed building or structure(s), prepared
by a registered architect and/or professional engineer, either of
whom shall be licensed to practice in New York State, 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 ARB to assess the appearance of the
proposed structure(s) and their relationship to their surroundings.
Where necessary for such purposes, the Board may require perspective
renderings or models to be submitted. 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 be legible and clearly portray the architectural features to
be reviewed.
(4)
A description of all exterior materials. Samples of all exterior
materials shall be brought to the ARB meeting.
(5)
State Environmental Quality Review compliance. The applicant must
include an EAF and any other necessary documentation to comply with
SEQR, unless a lead agency other than the ARB is designated. No application
shall be considered complete until a negative declaration has been
issued, or until a draft EIS has been accepted by the lead agency
as satisfactory with respect to scope, content and adequacy.
A.
The
ARB 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 Town of
Beekman Design Handbook, as such may be amended from time to time.
In addition to the Town of Beekman Design Handbook, the ARB shall
use the concepts outlined in the Greenway Connections resource during
its review of a proposed project.
B.
In
exercising its authority, the Board shall consider costs of materials,
availability of materials, and the needs and objectives of the project
sponsor. The Board shall make every reasonable effort to find a means
of achieving the applicant's goals in conformance with the purposes
of this chapter. Where the ARB has objections to a proposal, it shall
make every effort to work with the applicant in developing an economically
feasible plan to address the ARB's objections.
A.
Authority
of the Board. The Board 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. Said decision is to be passed
on as a recommendation to the Planning Board for final decision. In
the event that the Planning Board rejects the recommendation of the
ARB, the vote of the Planning Board must be by super majority (majority
of Board plus one.) Failure to achieve such a super majority at the
time of vote will require the Planning Board to accept the recommendation
without modification.
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 Beekman Design Handbook.
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 Beekman Design Handbook if certain modifications
were made, or that the ARB requires additional data or material 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 Beekman
Design Handbook, and cannot be made to meet such guidelines by one
or more particular modifications. Disapproval may also be made if
the applicant has failed to submit elevations, renderings, samples
or specifications sufficient to enable the Board to review the application.
E.
Coordination
with Planning Board on site plan reviews.
(1)
The ARB is not required to hold a separate public hearing on the
application for architectural approval. However, during the Planning
Board hearing, the public is entitled to comment on any issues relating
to the architectural elements of the site plan, and any such comments
shall be noted in the minutes and immediately transmitted by the Planning
Board Secretary to the Architectural Review Board.
(2)
The ARB 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 ARB may also
forward informal comments to the Planning Board on any review that
the ARB 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 ARB 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 SEQR findings have been issued by the Planning Board as lead agency,
or until the ARB has made its own SEQR determination, if there is
an uncoordinated review.
(2)
The ARB shall render its decision within 21 days after the close
of the public hearing on the site plan, for projects which also require
site plan review. Where the project does not require site plan review,
the ARB shall act within 62 days of referral of the full application,
including architectural elevations. If the applicant does not submit
elevations or other required materials at the outset, the sixty-two-day
period will not begin to run until such elevations are submitted.
(3)
If the ARB shall fail to act within the time periods set forth above,
then it shall be deemed to have approved the application, unless the
applicant shall have requested or agreed to an extension of time for
the ARB review.
G.
Filing
of decision. The decision of the ARB shall be filed in the office
of the Town Clerk within five business days after such decision is
rendered, and a copy thereof mailed to the applicant.
A.
The
Building Inspector shall not issue any permit, including a building
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 ARB.
(1)
The Building Inspector may approve a building permit for proposed
construction, additions, alterations or remodeling conditionally approved
by the ARB 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.
(2)
The Building Inspector may issue a building permit for proposed construction,
additions, alterations or remodeling approved by the ARB, provided
that it otherwise qualifies for a building permit.
(3)
The Building Inspector shall issue a building permit for proposed
construction, additions, alterations or remodeling which have been
referred to the ARB for review and on which such ARB 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 ARB
has issued its recommendation.
If at any time, either before or after the issuance of a building
permit or certificate of occupancy, the applicant proposes to change
any element of the approved ARB architectural features and accepted
by the Planning Board, 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 ARB approval to the Building Inspector, who
shall immediately forward it to the ARB Chair or Planning Board, as
appropriate. The review for a modification shall generally follow
the same procedures as above, but the Building Inspector, Planning
Board and the ARB 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
Building Inspector shall not issue any permits, including building
permits or certificates of occupancy, for construction, additions,
and alterations or remodeling which includes exterior architectural
features other than those approved by the ARB and Planning Board,
until an amended approval has been obtained to authorize the change.
Any person aggrieved by a decision of the Architectural Review
Board, or any officer, department, board or bureau of the Town may
apply to the New York State 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 or certificate of occupancy shall be issued until
the applicant shows compliance with this chapter.
B.
No
construction shall take place except as approved by the Planning Board
pursuant to the provisions of the chapter.
C.
Any
person or corporation who or which violates this chapter, or who or
which engages in construction without obtaining the required approval
of the Architectural Review Board or Building Inspector as required
in this chapter, or who or which engages in construction contrary
to the provisions and conditions of the ARB approval, or any person
who uses any building or structure constructed in violation of this
chapter or in violation of the provisions or conditions of any ARB
approval or building permit as required by this chapter shall be liable,
upon conviction, to a fine of up to $250 or imprisonment for not more
than 15 days, or both, for each offense. Each and every week that
such violation continues shall constitute a separate offense.
D.
Nothing
in this chapter shall be construed as depriving the Town of Beekman
or the Town Board of any other available remedy, either of a civil
or criminal nature, as provided by law.
