The Town Board finds that excessive uniformity,
dissimilarity and inappropriateness or poor quality of the design
and location of buildings and appurtenant structures, including signs,
adversely affects the desirability of the immediate and neighboring
areas and thereby impairs the benefits of occupancy of existing property
and the stability and value of both improved and unimproved real property
in such areas, prevents the most appropriate development of such areas,
produces degeneration of property and destroys the proper relationship
between the taxable value of real property in such areas and the cost
of municipal services provided therefor. It is the intent of this
article to establish procedures and design criteria necessary to avoid
such results and to preserve and enhance the character, historical
interest, beauty and general welfare of the Town and to ensure that
the location and design of buildings, structures and open spaces in
the Town shall aid in creating a balanced and harmonious composition
of the whole as well as in the relationship of its several parts.
A.
A Board of Architectural Review is hereby created.
All members shall be residents of the Town. Upon the effective date
of this subsection, the membership of the Board of Architectural Review
shall consist of seven members appointed by the Town Board, including
the five current members. Two new members shall be appointed for terms
which shall expire on December 31, 2020. Effective January 1, 2020,
two members shall be appointed for terms which shall expire on December
31, 2021, and three members shall be appointed for terms which shall
expire on December 31, 2022. Upon expiration of each members’
term, subsequent appointments shall be for terms of four years.
[Amended 2-12-2008 by L.L. No. 9-2008; 7-9-2019 by L.L. No. 21-2019]
B.
The Town Board may remove any member for cause after
a public hearing.
C.
If a vacancy shall occur otherwise than by expiration
of a member's term, it shall be filled by an interim appointment for
the remainder of the former member's unexpired term.
D.
The Town Board shall designate the Chair for the Board
of Architectural Review, who shall serve at the pleasure of the Town
Board. The Architectural Review Board shall designate an Acting Chairman
and a Secretary.
[Amended 2-27-1990 by L.L. No. 2-1990; 9-8-1992 by L.L. No. 38-1992]
E.
The Board shall adopt rules of procedure as it may
deem necessary to the proper exercise of its responsibilities with
regard to architectural review.
F.
All meetings of the Board shall be open to the public.
G.
Every decision of the Board shall be by resolution
and shall contain a full record of the findings of the Board in the
particular case. A quorum shall consist of three members.
H.
The Board shall officially designate a registered
architect to advise and take part in its deliberations, but without
a vote, unless a registered architect is a member of the Board. The
Town Board shall fix the compensation of such registered architect
and pay other expenses of the Board.
[Amended 9-8-1992 by L.L. No. 38-1992]
A.
Preliminary plans, elevations, sketches and/or proposals
may be submitted to the Board of Architectural Review by the owner
or the architect or other agent of the owner for consultation prior
to filing an application for a building permit or an application for
site plan review.
B.
Every application for a building permit for the construction of a building or structure not requiring site plan review shall be referred by the Building Administrator to the Board of Architectural Review and be designated by the Building Administrator as "substantial" or "nonsubstantial" construction. Applications for nonsubstantial construction may be reviewed by a committee of one member of the Board, but all applications for a sign permit and all applications for substantial construction shall be reviewed by the entire Board. Applications reviewed under this subsection shall be approved, denied or approved with conditions which relate specifically to the criteria set forth in § 330-171.
C.
Every application for site plan approval for the construction of a building or structure requiring site plan review shall be referred by the Planning Board to the Board of Architectural Review and be reviewed by the entire Board. Applications reviewed under this subsection shall result in the preparation of an advisory report to assist the Planning Board in its consideration of the site plan. The advisory report shall be limited to the architecture of the proposed buildings, structures and signage and shall include a specific recommendation that the buildings, structures or signs be approved, denied or approved with conditions which relate specifically to the criteria set forth in § 330-171.
[Amended 8-10-1993 by L.L. No. 24-1993]
D.
Meetings of the Board shall be held at the request
of the Building Inspector or at the call of the Chairman or of any
two members of the Board and at such times as the Board may determine.
E.
Decisions on applications reviewed by a committee
of one member of the Board shall be made within 15 days of the referral
from the Building Administrator. Decisions on any application reviewed
by the full Board shall be made within 30 days of the referral from
the Building Administrator. Advisory reports shall be rendered within
45 days of the referral from the Planning Board.
F.
No sign permit or building permit shall be issued
on any application which has been referred to the Board of Architectural
Review unless the plans have been approved by the Board or amended
to incorporate any conditions of approval imposed by the Board.
G.
No site plan shall be approved on any application
that has been referred to the Board of Architectural Review for an
advisory report unless the Board has recommended approval, the plans
have been amended to incorporate any conditions of approval imposed
by the Board or the Planning Board approves the site plan by a vote
of a majority plus one of its members.
A.
The Board of Architectural Review is charged with
the duty of maintaining the desirable character of the Town and of
disapproving the construction, reconstruction and alteration of buildings
that are designed without consideration of the harmonious relation
of the new or altered building to such buildings as already exist
and the environs in which they are set.
B.
The Board is charged with the duty of exercising sound
judgment and of rejecting plans which, it its opinion, based upon
study and advice, are not of harmonious character because of proposed
style, materials, mass, line, detail or placement upon the property
or in relation to the spaces between buildings or the natural character
of the landscape or because the plans do not provide for the location
and design of structures and open spaces so as to create a balanced
and harmonious composition as a whole and in relation to its several
parts and features to each other.
[Amended 9-8-1992 by L.L. No. 34-1992]
The remedy for any person aggrieved by a decision
of the Board of Architectural Review or by the denial of a site plan
which was approved by a majority of the members of the Planning Board
shall be an Article 78 proceeding.
Any violation of the approvals established by the Board of Architectural Review shall be deemed a violation of this chapter punishable under the provisions of § 330-186.
