[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of this chapter are derived from L.L. No. 18-1986, adopted 11-14-1986, as amended 6-12-1987 by L.L. No. 17-1987, which repealed and replaced former Art.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]
(1) 
The ARB shall, whenever appropriate, waive production of any of the support material described, by way of illustration and not limitation, in Subsection A(1) through (8) hereinabove.
(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.
D. 
No building permit for any building or structure subject to this chapter or sign permit, as set forth in §§ 5-9 and 5-10, shall be issued unless it shall first have been approved by a vote of at least a majority of the members of the ARB, in no event less than three.
[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.