[HISTORY: Adopted by the Board of Trustees 2-7-2000 by L.L. No. 1-2000; amended in its entirety 5-1-2000 by L.L. No. 4-2000. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Boards — See Ch. 1, Art. IV.
Building construction — See Ch. 43.
Zoning — See Ch. 140.
It is the purpose of this chapter to preserve and promote the character and appearance, and conserve the property values of the Village by providing procedures for an architectural review of buildings and structures henceforth erected, reconstructed or altered in the Village, and thereby to encourage good qualities of exterior building design and good appearances and to relate such design and appearances to existing buildings and structures on the site and to surrounding buildings and structures, and to prevent such design and appearances as are inappropriate by reason of poor quality of exterior design, monotonous similarity or visual discord in relation to existing buildings or structures on the site or on surrounding sites.
A. 
There is hereby created an Architectural Review Board (ARB). The terms and appointment of members and alternate members shall be as set forth in Chapter 1, General Provisions, Article IV, Boards, of this Code.
[Amended 5-3-2004 by L.L. No. 1-2004]
B. 
Alternate members may serve in the absence of any member. Alternate members shall attend regularly scheduled meetings of the ARB or such meetings as determined by the ARB, and shall be without vote in regard to any application unless he/she is serving in the absence of another member.
C. 
All members of the ARB shall be persons deemed specially qualified by reason of training, experience or civic interest and by reason of sound judgment to judge the effects of a proposed building or exterior alteration on the nature and character of the community and of the immediate neighborhood, as provided in this chapter.
The Mayor will designate an architect, licensed in the state of New York, subject to the approval of the Board of Trustees, to serve as a consultant to the ARB. The term of the architectural consultant shall be for 1 official year. An architect so retained shall be without vote in regard to any application.[1]
[1]
Editor's Note: Former Section 6.2, Definitions, as amended 4-2-2001 by L.L. No. 2-2001 and which immediately followed this section, was deleted 5-3-2004 by L.L. No. 1-2004.
A. 
The ARB shall meet monthly as needed. All such meetings shall be open to the public in accordance with the Open Meetings Law.
B. 
A majority of the ARB shall constitute a quorum for the transaction of business.
C. 
The ARB shall keep a record of its proceedings. The ARB shall designate a recording secretary to prepare such records. Such records shall be kept in the Village office.
D. 
A vote of the majority of the 5 members of the ARB shall be necessary to take any action.
A. 
As soon as practicable, and in any event within 10 business days after receipt of an application for a permit involving the exterior appearance of a new or existing building or structure, or a group of such buildings or structures by the Building Inspector, the Building Inspector shall refer said application to the Village Clerk, who shall promptly transmit the same to the Chair of the ARB or, in the absence of the Chair, to the Deputy Chair of the ARB. Any permit application that does not comply with the zoning regulations must be approved by the Board of Appeals prior to submission to the Architectural Review Board. The Building Inspector shall only refer to the Village Clerk permit applications that are complete and which comply in all respects to the Plandome Heights Building and Zoning Code. The Chair or Deputy Chair shall review the application and determine within 15 business days whether further review by the ARB is required or appropriate. Furthermore, prior to the commencement of any of the work identified in Subsection B'(7) of § 43-11, Building permits, of Chapter 43, Building Construction, the owner of the premises on which such work is proposed shall notify the Village Clerk in a signed writing that such work is contemplated, with a reasonably detailed description of the work contemplated, and the impact of same on the exterior appearance of the involved building or structure. As soon as practicable, and in any event within 10 business days after receipt of any such notice, the Village Clerk shall transmit the same to the Chair of the ARB or, in the absence of the Chair, to the Deputy Chair of the ARB. The Chair or Deputy Chair shall review the application and determine within 15 business days whether further review by the ARB is required or appropriate.
[Amended 5-3-2004 by L.L. No. 1-2004; 4-10-2019 by L.L. No. 3-2019]
B. 
Such further review shall be required by the Chair or Deputy Chair if the application is for construction of any new building or structure, or for an addition to or reconstruction or alteration of any existing building or structure in such manner as to change the exterior character or appearance of the building or structure. Such further review may be required by the Chair or Deputy Chair in all other instances. Any determination by the Chair or Deputy Chair not to conduct further review shall be communicated to the members of the Board of Trustees, including the Mayor, any one of whom may, within 10 days after such communication, overrule such determination and require further review.
C. 
Where further review by the ARB is to be conducted, the ARB shall meet with the applicant to consider the plans within 15 days of the Chair or Deputy Chair's determination. Such review shall be in accordance with the standards set forth in this chapter. Upon completion of such review, the ARB may approve, approve with modifications, or disapprove any matter referred to it by a concurring vote of a majority of the entire ARB. If the applicant disagrees with the ARB's decision, it may request a public hearing on the application.
D. 
The ARB shall conduct a public hearing within 28 days after receipt of the applicant's request. At least 10 days prior to such public hearing, the applicant for such permit shall give written notice of such public hearing to all owners of property within 200 feet of the property which is the subject of the application, as indicated on the most recent assessment roll of the Village, by certified mail, return receipt requested. Proof of mailing of such notice shall be filed with the Village Clerk no later than five days prior to such public hearing, and returned certified mail receipts shall be filed with the Village Clerk no later than one day before the public hearing.
[Amended 3-6-2006 by L.L. No. 3-2006]
E. 
Regular meetings of the ARB shall be posted on the Village public bulletin board and on the local government access channel.
F. 
In addition to any plans, applications and specifications required by the Building Inspector, applications must be accompanied by plans showing elevations of all proposed new buildings and structures and all affected elevations in the case of additions or alterations to existing buildings and structures. All plans shall be signed and sealed by an architect or engineer licensed in New York State. The plans shall identify the colors and types of materials proposed and, unless waived by the ARB, material and color samples shall be brought to the hearing by the applicant. Photographs of the existing structure shall also be submitted.
G. 
The Building Inspector or ARB shall be entitled to require the applicant to provide any additional plans deemed necessary for a proper review of the application.
H. 
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 7 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 and a building permit is issued. The ARB shall promptly act upon the revised application.
I. 
The Building Inspector shall, in cases of violation of the procedure in Subsection H of this section, 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.
A. 
In considering an application for a permit, the ARB shall take into account the natural features of the site and surrounding areas, the exterior design and appearance of existing buildings and structures, the character of the site and area, the fact that the Village is a community of traditional homes and the peculiar suitability of the site or area for particular purposes, all with a view toward conserving the values of property, encouraging the most appropriate and consistent uses of land in the Village and maintaining the traditional nature of the Village.
B. 
The ARB may approve an application upon finding that the building or structure for which the permit is requested, if erected or altered in accordance with the submitted plan:
(1) 
Would be in harmony with the purposes of this chapter as enumerated in Subsection A;
(2) 
Would not be visually offensive or inappropriate by reason of incompatible color, material, poor quality of exterior design or appearance, or visual or architectural discord in relation to the site or surrounding properties in the immediate vicinity;
(3) 
Would not mar or adversely affect the appearance of the area; and
(4) 
Would not be detrimental to the character of the neighborhood.
C. 
In approving an application, the ARB may impose appropriate conditions and safeguards, including a requirement that an applicant plant bushes, shrubs or other landscaping, designed to prevent or minimize adverse effects of the proposed construction or alteration.
[Amended 5-3-2004 by L.L. No. 1-2004]
D. 
The ARB may disapprove any application for a permit, provided that it finds and states that the building or structure for which the permit is requested would, if erected or altered as proposed:
(1) 
Cause 1 or more of the enumerated effects in Subsection B to be violated.
E. 
Prior to disapproving any application, the ARB shall afford the applicant an opportunity to meet with it and discuss suggestions for changes in the application. The applicant will thereafter have a period of 30 days to submit a revised application in conformity with the ARB's suggested changes.
A. 
Purpose. These guidelines are intended to facilitate the design review process by encouraging certain design characteristics which are deemed appropriate in achieving the standards set forth in § 4-6.
B. 
Massing.
(1) 
Large undifferentiated volumes and/or wall surfaces should be avoided.
(2) 
Abrupt transitions between volumes of a building should be avoided.
(3) 
Pitched roofs are preferred over flat roofs.
(4) 
Pitched roofs should consist of at least 2 sloped surfaces, except when adjoining higher vertical surfaces (e.g., shed roofs).
(5) 
Pitched roofs shall have a minimum pitch of 1 to 3 (1:3), except at dormers.
C. 
Materials.
(1) 
Designs should rely on a limited palette of materials. It is preferred that 1 material, such as brick or wood, be used for the body of the building. The use of trim, trim colors and decorative elements such as shutters, molding or other decorative ornamentation, are encouraged.
(2) 
The ARB strongly encourages the use of durable and enduring materials with proven performance. In particular, cladding and roofing will be reviewed for durability and appearance.
(3) 
Compatibility of finishing materials with the construction and surrounding dwellings will be a specific consideration in evaluating the applicant's proposed improvements.
D. 
Garages. If located in a front elevation of a residential building, the door or doors of a garage shall not have a total horizontal dimension which exceeds 50% of the horizontal dimension of the front elevation of the residential building.
E. 
Mechanical equipment. Exterior mechanical equipment should be excluded from the front elevation, indicated on all drawings, and shielded from view of all streets and adjacent properties.
F. 
Color. The ARB encourages the use of colors, singly or in combination, which are consistent with the visual character of the existing buildings and landscape of the Village. Strident color schemes or colors which compete with those of the natural landscape are strongly discouraged.
G. 
Design compatibility.
(1) 
In general, adjacent structures shall not be identical nor mirror images of one another.
(2) 
The massing and style chosen for structures should match the architectural characteristics of the applicant's house, and should be suitable and appropriate within the context of adjacent existing buildings and the neighborhood.
(3) 
With any submitted design, the massing, size and shape of all openings, decorative trim and ornamentation should be stylistically consistent.
H. 
Impact on neighbors. Consideration of the proposed improvement will be given to both visual and functional impacts on neighbors. Visual impact refers to the aesthetic appearance of the property which includes design quality, massing and architectural style. Functional impact refers to such concerns as view, sunlight, ventilation and drainage. Examples of functional impacts include structural additions, which would cause a loss of sunlight to a neighboring dwelling, and an alteration in topography, which would change natural drainage to the detriment of a neighboring property.
If, within 28 days after the date on which an application has been referred to the ARB, or after a revised application has been submitted in accordance with § 4-6E, or such longer period as may be consented to by the applicant, the ARB has not acted on the application, the application shall be deemed approved.
The Building Inspector shall not issue any permit unless the application has been approved by the ARB. In the event that the ARB approves an application on conditions, the Building Inspector shall not issue any permit until all changes in the plans have been made to conform to such conditions and unless all such conditions have been met or complied with. Unless otherwise extended by the ARB, the approval expires 90 days from the date that the decision is filed in the Village Clerk's Office, and, thereafter, the Building Inspector shall not issue a building permit. A request by the applicant for an extension of time to obtain the permit shall be made within the initial ninety-day period in which to obtain the permit.
[Added 4-2-2001 by L.L. No. 2-2001[1]]
The applicant shall be responsible for the payment of all fees set forth in the Schedule of Fees and Payments maintained by the Village Clerk.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).