[HISTORY: Adopted by the Board of Trustees of the Village of Westhampton
Beach 4-8-1988 by L.L. No. 2-1988.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Conservation Advisory Council — See Ch. 11.
Building construction — See Ch. 70.
Environmental quality review — See Ch. 81.
Subdivision of land — See Ch. 150.
Zoning — See Ch. 197.
[1]
Editor's Note: The Architectural Review Board was originally established as the Building Board by former Art. X of the Zoning Ordinance (See Ch. 197, Zoning). The provisions of this chapter are derived from L.L. No. 18-1986, adopted 11-14-1986, as amended 6-12-1987 by L.L. No. 17-1987, which repealed and replaced former Art. X of the Zoning Ordinance.
A.
It is the purpose of this chapter to preserve and promote
the character, appearances and aesthetics of the Village and to conserve the
property values of the Village by providing procedures for an architectural
review of the exterior of new construction and of certain alterations and
reconstruction where the area in square feet of such reconstruction or alteration
exceeds 20% of the total square footage of the structure prior to reconstruction
or alteration; and signs, both new and replacement, in any business zone;
and the installation or construction of a new or replacement or changed facade
equaling or exceeding 20% of the existing facade on any side, and by so doing
to:
(1)
Encourage good qualities of exterior building design
and good appearance and to relate such design and appearances to the sites
and surroundings of structures.
(2)
Preserve the prevailing aesthetic character of the neighborhood
and countryside and to enhance the same by means of complementary structures.
(3)
Ensure that places, sites, structures and buildings of
historic significance which are an important part of the Village heritage
are preserved and their historic value, significance and status enhanced and
left undiminished by any new construction or change or improvement nearby.
(4)
Promote and encourage good qualities of architectural
design and utilization of land in the erection and construction of new structures
and the exterior, refurbishing, reconstruction or alteration of existing structures.
(5)
Assure that the design and location of any proposed structure,
or the addition, alteration or reconstruction of any existing structure, is
in harmony with the existing topography of its site and/or the existing structure
as well as the neighboring countryside and existing property.
(6)
Discourage and prevent such design that would adversely
affect or cause the diminution in value of neighboring property, whether improved
or unimproved.
(7)
Prevent such design and appearance as are unnecessarily
offensive to visual sensibilities, which impair the use, enjoyment, value
or desirability of neighboring properties and the health, safety and general
welfare of the community at large.
B.
The Board of Trustees hereby finds that:
(1)
Structures which are visually offensive or inappropriate
by reason of poor exterior design, monotonous similarity or striking visual
discord or dissimilarity in relation to their site and surroundings would
mar the appearances of their areas and would adversely affect the desirability
of the immediate area and neighboring areas.
(2)
Such structures would discourage and prevent the most
appropriate development and utilization of land throughout the Village.
(3)
Such structures would impair the use, enjoyment and desirability
and stability of both improved and unimproved property and are detrimental
to the character of neighborhoods, produce degeneration of the values of real
property with attendant deterioration of conditions affecting the functioning,
economic stability, prosperity, health, safety and morals of the inhabitants
of the Village and destroy a proper relationship between the taxable value
of real property and the cost of municipal services provided therefor.
C.
It is the purpose of this chapter to prevent these and
other harmful effects and thus to promote the health, safety, morals and general
welfare of the community.
[Amended 6-12-1992 by L.L.
No. 7-1992; 8-9-1993 by L.L.
No. 6-1993; 2-8-1999 by L.L.
No. 3-1999]
The Architectural Review Board (ARB) shall consist of five members appointed
by the Board of Trustees. Membership on the Board shall be limited to residents
of the Village. The term of office of each member shall be five years with
one member's term expiring on May 31 of each year. The existing members whose
terms have expired in 1998 shall be appointed so that one member's term shall
expire in each year from 2001 to 2003. The Chairman of the Architectural Review
Board shall be appointed by the Board of Trustees for a period of one year
with the term to expire on May 31 of each year.
The Board of Trustees may officially designate a registered architect
to advise and assist the ARB but without a vote. The Village Trustees shall
fix the compensation of such registered architect and pay other expenses of
the Board.
[Amended 6-12-1992 by L.L.
No. 7-1992]
The Recording Secretary of the ARB shall be appointed by the Board of
Trustees. The Secretary shall keep minutes of all proceedings. The minutes
shall show the vote of each member on every question. If a member is absent
or fails to vote upon a motion, the minutes shall indicate that fact. Minutes
of proceedings shall be approved by the ARB and initialed by the Chairman
of the ARB at the next regularly scheduled meeting of the ARB and shall be
submitted to the Village Clerk promptly after approval. Minutes of the ARB
proceedings shall be available for public inspection.
Three members of the ARB shall constitute a quorum for the transaction
of business.
The ARB shall operate under such rules and regulations as it may adopt
insofar as they do not supersede any requirements of this chapter. The ARB
shall schedule meetings at regular intervals no less frequently than twice
monthly and in accordance with all provisions of the New York State Open Meetings
Law, with the proviso that no meeting shall be required if no cases have been
placed on the agenda as of 10 business days prior to the scheduled meeting
start.
A.
The Chairman or Acting Chairman of the ARB shall have
the authority to convene special sessions of the ARB. Forty-eight hours' notice
of such a meeting must be provided to all members. Except as permitted by
law, all ARB proceedings shall be open to the public. The public and the press
shall receive notification of all planned proceedings of the ARB in accordance
with the provisions of the New York State Open Meetings Law.
B.
The Chairman of the ARB may appoint any member of the
ARB to be Acting Chairman for any meeting which may be held during the temporary
absence or temporary incapacity of the Chairman. Should the Chairman fail
to make this designation, the position of Acting Chairman shall be assumed
by the most senior member of the ARB in terms of Service on that Board.
The Building Inspector of the Village of Westhampton Beach shall act
in an advisory capacity to the ARB and may act on the advice of the ARB but
shall not be considered a member of the ARB. It shall be the responsibility
of the Building Inspector to prepare the agenda for each meeting in consultation
with the Chairman or Acting Chairman of the ARB.
[Amended 12-1-2005 by L.L. No. 11-2005]
A.
Except as is set forth Subsection B, simultaneously with the filing of an application for a building permit or sign permit for construction of a new building or enclosed structure or for the alteration or reconstruction of an existing building or enclosed structure when such alteration or reconstruction exceeds 20% of the square footage of the building or enclosed structure prior to alteration or reconstruction of the building or enclosed structure or new or replacement signage in any business zone or the installation or construction of a new or replacement or changed facade equaling or exceeding 20% of the existing facade on any side, the applicant shall file with the ARB a copy of the plans for the proposed building or enclosed structure or alteration. Notwithstanding the foregoing twenty-percent limitation, the Architectural Review Board is empowered to require an application, its review procedures and its standards for review to include the entirety of any structure or complex of structures of which the applicant's unit, parcel or building is a part, whether in legal ownership or otherwise, and inclusive of all cooperative apartment and condominium complexes, as an element of the exercise of its powers under this chapter whenever, under §§ 5-15 through 5-18 hereunder, the applicant's premises so relate to the entire structure or complex of structures as to make said inclusion necessary in the Architectural Review Board's determination, to the proper implementation of the standards for review set forth hereunder. In all events, the foregoing twenty-percent exemption shall not be available to any structure in the Business 1 District, any condominium unit or complex, any cooperative apartment unit or complex and any structure in any district where on a single parcel of land there is more than the principal structure or more than one principal permitted use. Upon said filing, the ARB shall cause the application to be scheduled for public hearing within 60 days of filing for a building permit or sign permit and shall render a decision within 120 days, unless time is extended by the applicant. Notice of public hearing shall be published once in an official newspaper at least five days prior to the meeting date.
B.
Upon the filing of an application for site plan approval, the
applicant shall simultaneously file an application with the Architectural
Review Board, which application shall include a copy of the site plan, architectural
plans, lighting and landscaping plans and the other information which the
Building Inspector deems appropriate. Within 15 days of the date of the receipt
of a completed application, the Architectural Review Board shall schedule
a public hearing and shall render its report as is set forth hereinafter within
60 days of the date of the first hearing, provided the applicant has submitted
all of the requested information to the Architectural Review Board, and provided
further that the period may, upon the consent of the applicant, be extended.
The notice of public hearing shall be published once in an official newspaper
of the Village at least five days prior to the meeting date.
Any person may, prior to the filing for a building permit but after other municipal board approvals have been obtained, request an informal review of preliminary plans, including elevations, sketches and proposals from the ARB, but any determinations or opinions shall not be binding and shall merely be deemed advisory or precatory, without right to appeal under § 5-19 hereinbelow.
Any provision herein to the contrary notwithstanding, applications for
minor alterations, signs, decks, accessory structures and similar structures
shall initially be reviewed by a committee of one member of the Board, selected
by the Chairman, to determine whether or not consideration by the full Board
shall be appropriate. In the event that said application is approved by the
aforesaid committee, no further review is required under this chapter. Any
said review and determination shall, upon approval, be deemed excepted from
this chapter.
A.
The ARB shall render its decisions on the basis of its
adopted rules and regulations with full regard for all requirements of due
process and the following guidelines. The Building Inspector shall collate
essential plans and information for the purpose of presenting cases to the
ARB. Such essential plans and information shall include, but not necessarily
be limited to:
(1)
Planning Board, Zoning Board, Conservation Advisory Board
and any other pertinent Village agency files.
(2)
Building Department file, including, if applicable, files
of all previously approved buildings in the subdivision or immediate area.
(3)
Stamped plans and four elevations to scale showing exact
height, etc., the nature of construction, the use of materials to be incorporated
in the exterior of the project and color and exterior finish schedule.
(4)
Photographs in color [five by seven (5 x 7) inches or
larger] of surrounding structures within 250 feet and of the existing structure(s)
if an addition or alteration.
(5)
Site plan, at a scale deemed appropriate by the Building
Inspector, showing contours at two-foot intervals and the project location,
including all setbacks, yards, driveways, parking areas and adjacent structures.
(6)
Landscaping plan, with schedule of plantings and size
specifications for plants.
(7)
Area map or key map for radius of 500 feet showing surrounding
streets and lots, at a scale deemed appropriate by the Building Inspector.
(8)
Three-dimensional sketch or rendering illustrating significant
aspects of construction and exterior design, when deemed necessary and requested
by the ARB and at a scale deemed appropriate by the ARB.
B.
Insofar as it is possible and whenever deemed necessary
by the Chairman of the ARB, members of the ARB shall visit the site of proposed
construction.
C.
Waiver.
[Amended 11-8-1993 by L.L.
No. 11-1993]
(2)
With respect to the landscaping plan provisions of Subsection A(6) above, in the event that the application is for a review of a one-family residential dwelling only, the ARB shall only require the designation of foundation plantings on the plans submitted to it. If the application includes a one-family dwelling together with a swimming pool or other outdoor sport facilities as defined in § 197-1 of this Code, then the ARB shall require, in addition to the designation of foundation plantings for the one-family dwelling, a landscaping plan as is set forth in Subsection A(6) above for the swimming pool or other outdoor sports facility.
[Amended 12-1-2005 by L.L. No. 11-2005]
Except as is provided for in § 5-14, final approved maps or plans, materials and specifications may not be altered in any way without the express prior approval of the ARB. Any requested changes of the approved plans or maps must be submitted for review at least seven days prior to the next regularly scheduled meeting of the ARB, and no construction work involving such changes shall be commenced or continued until approval of the ARB is granted. The Building Inspector shall, in cases of violation of this procedure, order all work to be halted and, if necessary, revoke the building permit until such time that amended plans or maps are approved by the ARB. Sections 5-11 through 5-14 may also be enforced by the Board of Trustees by means of injunction. If the Village proceeds by injunction and is successful, reasonable attorneys' fees, engineering fees and other expert witness fees shall be paid by the defendant.
[Amended 12-1-2005 by L.L. No. 11-2005]
A.
The Architectural Review Board shall submit an advisory report
to the Planning Board within five business days after it has been adopted
by the Board. The report shall either: approve the plans finally submitted
to the Board; approve the plans finally submitted to the Board with modifications
or conditions; or deny the plans finally submitted to the Board. If the Board
either approves the plans with modification or conditions or denies the plans,
the Board shall set forth in its recommendations the basis for its modification
or conditions of the plans or its denial of the plans.
B.
The Planning Board, upon receipt of the report from the Architectural
Review Board, shall: accept the report and recommendations; modify the recommendations
set forth in the Architectural Review Board's report; reject the recommendations
set forth in the Architectural Review Board's report. The Planning Board may,
by vote of at least four members, adopt a resolution which either modifies
or rejects the recommendations set forth in the Architectural Review Board's
report.
In considering an application, the ARB shall take into account natural
features of the site and surroundings, exterior design and appearances of
existing structures and the character of the neighborhood and its peculiar
suitability for particular purposes, with a view to conserving the values
of property and encouraging the most appropriate use of land. Due regard shall
be shown for the preservation of outstanding natural and cultural features,
such as scenic spots, watercourses and historic sites.
The ARB may approve any application to it upon finding that the building
or structure for which the permit was requested, if constructed, erected,
reconstructed or altered in accordance with the submitted plan, would be in
harmony with the purpose of this chapter, would not be visually offensive
or inappropriate by reason of poor quality of exterior design, 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 value of properties in the area, would not
be detrimental to the character of the neighborhood, would not prevent the
most appropriate utilization of the site or of adjacent land and would not
adversely affect the functioning, economic stability, prosperity, health,
safety and general welfare of the entire community.
The ARB may disapprove any application for a permit, provided that the
ARB has afforded the applicant an opportunity to confer upon suggestions for
change of the plan or map and provided that the ARB finds and states that
the structure or building for which the permit was requested would, if erected,
constructed, reconstructed or altered as indicated, provide one or more of
the harmful effects described herein by reason of:
A.
Monotonous similarity to any other structures or buildings
located or proposed to be located in the vicinity in respect to one or more
of the following features of exterior design and appearance:
(1)
Substantially identical facade, disregarding color.
(2)
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.
(3)
Other substantially identical features, such as but not
limited to setbacks from street lines, heights, widths and lengths of elements
of building design and exterior materials and treatments.
B.
Striking dissimilarity, visual discord or inappropriateness
with respect to other structures or buildings located or proposed to be located
in the vicinity in respect to one or more of the following features of exterior
design and appearance:
(1)
Facade, disregarding color.
(2)
Size and arrangement of doors, windows, porticos, porches
or garages or other openings, breaks or extensions in the facade.
(3)
Other significant design features, such as but not limited
to heights, widths, length or elements of design, exterior materials and treatments,
roof structures, exposed mechanical equipment, service and storage areas,
retaining walls, landscaping, signs, lightposts, parking areas, fences, service
areas, awnings and canopies.
C.
Visual offensiveness or other poor qualities of exterior
design, including but not limited to excessive divergences of the height or
levels of any part of the structure or building from the grade or terrain;
harmony or discord of color or incompatibility of the proposed structure,
building, refurbishing, reconstruction, alteration or addition with the terrain
on which it is to be located; and the failure of the exterior design to complement
and enhance the natural beauty of its site in regard to landscape, topography,
surrounding structures and the scenic character of roadways when visible from
said roadway.
A.
Any person aggrieved by a decision of the Architectural
Review Board may request, within 30 days of the filing of the decision by
the Architectural Review Board, that the ARB make formal findings of fact.
In the event of such a request, the ARB shall make findings of fact within
15 days after the request is filed in the Village Clerk's office, shall thereafter
provide the person with an opportunity to answer the findings by a submission
of formal proof and shall reconsider the application on the basis of such
answer. If a person is still aggrieved by the decision of the ARB after reconsideration,
such person may appeal to the Board of Zoning Appeals, in accordance with
its rules, within 30 days after the filing in the office of the Village Clerk
of the decision of the ARB after reconsideration.
[Amended 12-13-1993 by L.L.
No. 13-1993]
B.
The Board of Zoning Appeals shall fix a reasonable time
for the hearing of such appeals and may reverse or affirm, wholly or partly,
or may modify the action appealed from insofar as it relates to the provisions
of this chapter. Where there are practical difficulties or unnecessary hardships
in the way of carrying out the strict letter of the provisions of this chapter,
the Board of Zoning Appeals shall have the power, in passing upon appeals,
to vary or modify the application of such provisions in harmony with their
general purpose and intent so that the spirit of this chapter shall be observed,
public safety and welfare secured and substantial justice done.
