The Town Board hereby finds that excessive uniformity,
dissimilarity, inappropriate 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 doing so, impair the benefits of occupancy of existing
property in such areas, impair the stability in value of both improved
and unimproved properties in such areas, prevent the most appropriate
development and use of such areas, produce degeneration of property
in such areas with attendant deterioration of conditions affecting
the health, safety 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 article 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 Town.
[Added 7-16-2019 by L.L. No. 3-2019]
A.Â
The Planning
Board is hereby designated as the Architectural Review Board for any
use requiring a conditional use permit, or site plan approval only.
Planning Board and Architectural Review Board terms of office shall
run concurrently.
B.Â
The Town
Board is hereby designated as the Architectural Review Board for any
use requiring a special use permit. Town Board and Architectural Review
Board terms of office shall run concurrently.
In addition to its powers to review and approve
or disapprove conditional uses and site plans, the Planning Board
shall have the power, acting as the Architectural Review Board, to
review and approve or disapprove the following:
A.Â
Construction or installation of all municipal structures
and uses;
B.Â
All works of art or other objects to be used in a
decorative manner to be erected on the property owned, leased or otherwise
occupied by the Town;
C.Â
The construction, reconstruction or exterior modification
of any commercial or mixed-use building or structure located in the
Town where conditional use or site plan approval only is required;
[Amended 12-27-2005 by L.L. No. 7-2005; 7-16-2019 by L.L. No. 3-2019]
D.Â
The construction, reconstruction or alteration of
a sign; and
E.Â
New single-family, two-family, or multifamily dwellings
in all new residential subdivisions.
[Added 12-27-2005 by L.L. No. 7-2005]
In examining plans or proposals, the Architectural
Review Board shall recommend disapproval of any installation or construction
which would cause or contribute to one or more of the following harmful
effects:
A.Â
Excessive dissimilarity or inappropriateness in relation
to any other structure, existing or for which a permit has been issued,
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.
B.Â
Excessive similarity to any other structure existing,
or for which a permit has been issued, in respect to one or more of
the following features of exterior design and appearance: apparently
identical front, side or other elevations visible from the 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.
A.Â
The Board 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. The Board shall not
design or assist in the design of any buildings or structures submitted
for recommendations.
B.Â
The Board's recommendation shall not reflect undue
restrictions on new or innovative building types, materials or methods;
individual initiative and experimentation are to be encouraged.
A.Â
No decision by the Architectural Review Board to approve
or deny an application shall be made until after a public hearing.
Written notice of said hearing shall be published in the official
newspaper and posted at Town Hall, and sent by the applicant, at his
expense, by certified mail, return receipt requested, to all known
owners of property located within 500 feet of each boundary of the
subject property at least five days prior to the date of the hearing.
Where Architectural Board approval is required in relation to a new
project which also requires site approval, review by the Architectural
Review Board can take place simultaneously with the Planning Board's
site plan review process or by separate procedure after site plan
approval has been obtained.
B.Â
No building permit shall be issued for any of the buildings or structures listed in § 235-59 until the Architectural Review Board has acted on an application submitted by the property owner or his agent, and no certificate of occupancy shall be issued until the Architectural Review Board has inspected the site and advised the Building Inspector that construction has occurred in conformance with the approved plan.
