[HISTORY: Adopted by the Board of Trustees
of the Village of Airmont 5-4-1998 by L.L. No. 4-1998. Amendments
noted where applicable.]
This chapter shall be known as "The Architectural
Review Committee Law of the Village of Airmont."
Local Law 25 of 1993, "The Architectural Review
Board Local Law," is hereby repealed in its entirety. The Architectural
Review Board is hereby abolished. Any and all members previously appointed
are hereby discharged from their duties.
It is the legislative intent of this chapter
to establish an Architectural Review Committee, replacing the former
Architectural Review Board, in order to provide for a professional
advisory review of proposed plans for buildings and structures to
be constructed in the Village of Airmont, New York pursuant to the
provisions of this chapter. This Committee shall serve as a subcommittee
of the Airmont Planning Board.
The Board of Trustees of the Village of Airmont
hereby finds that excessive uniformity, dissimilarity, inappropriateness
or poor quality of design in the exterior appearance of buildings
or other structures erected or altered can adversely affect the desirability
of the immediate and neighboring areas and, by so doing, impair the
benefits of occupancy of existing property in such areas, impair the
stability in value of both improved and unimproved real property in
such areas, prevent the most appropriate development and use of such
areas, produce degeneration of property in such areas with attendant
deterioration or conditions affecting the health, safety, comfort
and general welfare of the inhabitants thereof, and contribute to
the diminution of the taxable value of real property in such areas
and their ability to support municipal services provided therefor.
It is the purpose of this Committee to provide professional advisory
guidance to the Planning Board so as to prevent these and other potentially
harmful effects resulting from such unattractive exterior appearance
of buildings and other structures erected or altered, and thus to
promote the public health, safety and welfare, to conserve the value
of buildings, to encourage the most appropriate use of land and to
improve the physical and visual appearance of the Village of Airmont.
A.
There is hereby created an Architectural Review Committee
which shall consist of three members, who shall serve without compensation.
Two such members shall be the ad hoc members of the Planning Board.
The other such member should be qualified by reason of training or
experience in art, architecture, landscape architecture, community
planning, land development, real estate or other relevant business
or profession, to judge the effects of proposed construction upon
the desirability, property values and development of surrounding areas.
No member of such Committee is required to be a registered architect.
The members and the Chairman of such Committee shall be appointed
by the Mayor.
B.
Of the members first appointed, two shall hold office
for the term of one year, the other for the term of two years. The
Board of Trustees shall have power to remove any member of the Architectural
Review Committee for cause and after public hearing.
All meetings of the Architectural Review Committee
shall be held at the call of the Chairman and at such other times
as such Committee or Planning Board may determine. Such Committee
need not keep minutes of its proceedings.
Two members of the Architectural Review Committee
shall constitute a quorum for the transaction of business.
A.
Advisory reports. The Architectural Review Committee
shall issue written advisory reports recommending approval, conditional
approval subject to specific modifications or disapproval of any matter
which may be referred to it by the Planning Board or any other approving
agency of the Village of Airmont. The Planning Board of the Village
of Airmont has the ultimate authority as to whether to accept or reject
the Architectural Review Committee's recommendations in whole or in
part.
A.
The requirements of this chapter shall apply to any
building or structure requiring site plan approval and/or a building
permit application for exterior alterations, including building color,
or additions which change the existing shape or design of a commercial
building or structure, or any application for a building permit for
exterior changes to the shape or design of a building previously approved
by the Planning Board. Such situations shall require an application
to the Planning Board for review of architecture and referral by the
Planning Board to the Architectural Review Committee.
[Amended 5-24-2004 by L.L. No. 1-2004; 3-21-2016 by L.L. No. 1-2016]
A.
Referral to Architectural Review Committee. For matters pursuant to § 5-9 of this chapter, the applicant shall submit to the Planning Board preliminary architectural plans showing at least the location and dimensions of proposed structures as well as exterior elevations and materials to be used. The Planning Board or the Clerk to the Planning Board shall then refer the application to the Architectural Review Committee for review and recommendation pursuant to this chapter. The Architectural Review Committee shall advise the Planning Board of its recommendations.
B.
Board action. The Architectural Review Committee shall make its recommendations on all referrals under § 5-8 of this chapter within 30 days of the date of referral to it by the Planning Board or its Clerk. The Planning Board may extend such time period upon request of the Committee. Such recommendations shall be made in writing.
A.
In examining plans or proposals, the Architectural Review Committee shall recommend disapproval of any installation or construction which would cause or contribute to one or more of the harmful effects set forth in § 5-4 of this chapter by reason of:
(1)
Excessive dissimilarity or inappropriateness in relation
to any other structure existing or for which a permit has been issued,
or to any other structure included in the same permit application,
facing upon the same or intersecting street and within 500 feet of
the proposed new structure, in respect to one or more of the following
features: cubical content; gross floor area; building area or height
of roof; or other significant design features, such as materials or
style of architectural design.
(2)
Excessive similarity to any other structure existing
or for which a permit has been issued, or to any other structure included
in the same permit application, facing upon the same or intersecting
street within 500 feet to the proposed new structure, in respect to
one or more of the following features of exterior design and appearance:
apparently identical front, side or other elevations visible from
a street; substantially identical size and arrangement of either doors,
windows, porticoes or other openings or breaks in the elevation facing
the street, including reverse arrangement; or other significant identical
features of design, such as but not limited to material, roof line,
height or other design elements.
(3)
Incompatibility of the building with the site with
respect to the amount of grading required, treatment of exposed foundations
and loss of existing vegetation.
B.
In recommending approving construction, the Architectural Review Committee may recommend the imposition of appropriate conditions and safeguards designed to prevent the harmful effects set forth in § 5-4 of this chapter. Such recommended conditions may include appropriate landscaping or site grading in addition to modifications to the form and materials of the proposed building.
A.
The Architectural Review Committee shall restrict
its considerations to a reasonable and professional review of the
proposal and plans, leaving full responsibility for the design and
development to the applicant. Such Board shall not design or assist
in the design of any buildings or structures submitted for approval.
B.
The Architectural Review Committee shall not unduly
recommend restricting new or innovative building types, materials
and methods.
C.
In its endeavor to improve the quality of design,
the Architectural Review Committee shall consider costs as one factor
along with design in its efforts to achieve the objectives of this
chapter.
For the purpose of this chapter, certain words
and terms used herein are defined as follows:
The Architectural Review Committee of the Village of Airmont.
The Zoning Board of Appeals of the Village of Airmont.
The Board of Trustees of the Village of Airmont.
Any structure, or extension thereof or addition thereto,
having a roof supported by such things as columns, posts, piers or
walls and intended for the shelter, business, housing or enclosing
of persons, animals or property.
The term applied to a building, structure or use which is
clearly incidental or subordinate to, and customarily in connection
with, the principal building, structure or use and which is located
on the same lot with the principal building, structure or use. Any
accessory building or structure attached to a principal building or
structure is deemed to be part of such principal building or structure
in applying the bulk requirements to such building or structure. No
use shall be considered "accessory" where such use requires a greater
area of a lot or larger setbacks or yards or for which greater restrictions
than for the principal use on the lots are imposed by this chapter.
The Building Inspector of the Village of Airmont.
A building providing complete housekeeping facilities for
one family, including independent cooking, sanitary and sleeping facilities.
A drawing as defined in and in compliance with all requirements of Chapter 180, Subdivision of Land, of the Code of the Village of Airmont.
A permit required by and defined in Chapter 210, Zoning, of the Code of the Village of Airmont.
A combination of materials constructed, assembled or erected
on, above or below the ground attached to something having location
on, above or below the ground, including but not limited to buildings,
fences, tanks, towers and swimming pools.
A zoning district as specified in Chapter 210, Zoning, of the Code of the Village of Airmont.
Chapter 210, Zoning, of the Code of the Village of Airmont.
The fee for any application which requires architectural
review pursuant to this chapter shall be set from time to time by
resolution of the Board of Trustees.
