The Town Board 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 of 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 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.
The Architectural Review Board shall consist
of five members. Three of such members shall be specially qualified,
by reason of training or experience in art, architecture, landscape
architecture, community planning, real estate or other relevant business
or profession, to judge the effects of a proposed building or structure
or the alteration thereof upon the desirability, property values and
development of surrounding areas. No more than one member of the Board
shall be from the real estate business or profession. At least one
member of such Board should be a registered architect. The members
of such Board shall be appointed for specific overlapping terms, and
the Chairman thereof shall be designated by the Town Board. Their
successors shall be appointed for a term of three years from and after
the expiration of the terms of their predecessors in office. If a
vacancy shall occur otherwise than by expiration of term, it shall
be filled by the Town Board for the unexpired term. The Town Board
shall have power to remove any member of the Architectural Review
Board for cause and after public hearing. The Town Board shall designate
a Secretary of the Board, who need not be a member of the Board and
who shall serve at the pleasure of the Town Board. The Board may officially
designate a registered architect to advise and take part in its deliberations,
but without vote, unless a registered architect be a member of the
Board.
All meetings of the Architectural Review Board
shall be held at the call of the Chairman and at such other times
as such Board may determine, but a meeting shall be held within 30
days of the date of any application or referral to it. Such Board
shall keep minutes of its proceedings showing the vote of each member
upon every question or, if any member is absent or fails to vote,
indicating such fact and shall also keep records of its examinations
and other official actions. The Board shall have the power from time
to time to adopt, amend and repeal rules and regulations, consistent
with this chapter, governing its procedure and the transaction of
its business. Every rule and regulation, every amendment or appeal
thereof and every recommendation of the Board shall be filed in the
office of the Board.
Three members of the Board shall constitute
a quorum for the transaction of business. The Board may recommend
disapproval of construction pursuant to this chapter only by a vote
of no fewer than four members.
A.Â
Municipal buildings and works of art. The Town Board
shall refer to the Architectural Review Board, for review and advisory
report, plans for construction or installation of all municipal structures
and uses, and exterior changes thereto, and all work of art or other
objects to be used in a decorative manner or for the purposes of beautification,
to be erected upon or over property owned, leased or otherwise occupied
by the Town. The Architectural Review Board shall advise the Town
Board with respect to any changes thereto which will improve the appearance
and design of the exterior of such structures and uses and the appearance
and design of such works of art to the end that the beauty and appearance
of the Town in general will be improved. The Board shall also consider
the proposed location of such works of art and shall make recommendations
with respect to the proposed location or recommend such other locations
the Board may deem suitable and appropriate.
B.Â
Building permit applications. Every application cited in § 250-85 for the construction or reconstruction of a building or structure within the Town, that is subject to site development plan approval, in accordance with § 250-45 of this chapter, shall be referred by the Building Inspector to the Architectural Review Board within seven days of the date of the receipt of the application, provided that it conforms in all respects with all other applicable laws and ordinances and other provisions of this chapter.
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 harmful effects set forth in § 250-98 of this chapter by reason of:
A.Â
Excessive dissimilarity of 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.
B.Â
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 and within 500 feet of 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, porticos 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, roofline,
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.
C.Â
In its endeavor to improve the quality of design,
the Board shall consider cost as one factor along with design in its
efforts to achieve the objectives of this chapter.
The Architectural Review Board shall have 30
days in which to act upon a matter before it. Such time limit shall
be measured from the date of receipt of referral by the Town Board
or the Building Inspector. Such time limit may be extended by mutual
agreement with the applicant. Failure to act on the part of the Board
within the time limit specified, or as may be extended, shall be deemed
to constitute recommendation for approval.
For any matter referred to it for review and recommendation pursuant to § 250-102A and B, the Architectural Review Board shall act upon the application in the form as referred to it by the Town Board. For matters pursuant to § 250-102A and B, the applicant shall submit preliminary architectural plans showing at least location and dimensions of proposed structures, as well as exterior elevations and materials to be used and any other materials required by the Board in its rules and regulations, as adopted.
