[Added 2-28-2005 by L.L. No. 2-2005]
The purpose is to protect and preserve the character of the
community as specified in the language of the statute which is incorporated
into the local law. This article shall be known as and may be cited
as the "Architectural Review Act, Code of the Incorporated Village
of East Hills."
A.
It is the purpose of this article to preserve and promote the character,
appearances and aesthetics of the Village, to conserve the property
value of the Village by providing procedures for an Architectural
Review Board (also referred to as the "ARB") review of the exterior
of new construction and of certain alterations, additions, reconstructions
and site utilizations, and to promote the following objectives:
(1)
To encourage beneficent building design and appropriate appearances,
and to relate such design and appearances to the sites and surroundings
of buildings;
(2)
Preserve the prevailing aesthetic character of the neighborhood
and its environs, and to enhance the character of the Village by ensuring
compatible buildings;
(3)
Promote and encourage the finest quality of architectural design
and utilization of land when new buildings and new exteriors are constructed
or erected, reconstructed, refurbished and altered;
(4)
Assure the design and location of any proposed building, or
the addition, alteration or reconstruction of any existing building,
is in harmony with the existing topography of its site and the existing
building as well as the neighboring properties;
(5)
Discourage and prevent any design that would adversely affect
or cause the diminution in value of neighboring property, whether
improved or unimproved; and
(6)
Prevent design and appearances which are unnecessarily offensive
to visual sensibilities, which impair the use, value, aesthetics or
desirability of neighboring properties and/or the general welfare
of the community at large.
B.
The Architectural Review Board is established to address the following:
(1)
Construction or alteration of buildings that may be visually
offensive or inappropriate by reason of poor exterior design, monotonous
similarity or striking visual discord, or dissimilarity in relation
to their site or surroundings which would mar the appearances of their
areas and would adversely affect the desirability of the immediate
area and neighboring areas;
(2)
Construction or alteration of buildings that may discourage
and prevent the most appropriate development and utilization of land
throughout the Village; and
(3)
Construction or alteration of buildings that may impair the
use, enjoyment, desirability and stability of both improved and unimproved
property and can be 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 and welfare 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.
C.
It is therefore the purpose of this article to prevent these and
other harmful effects and thus to promote the general welfare of the
community.
A.
For the purposes of this Article XX, words used in the present tense include the future, words in the singular tense include the plural, and words in the plural tense include the singular; the word "shall" is mandatory; the word "lot" includes the word "plot."
B.
COMMERCIAL/INDUSTRIAL FACADE ALTERATION
INTERIOR ALTERATION
MAJOR ALTERATION
MINOR ALTERATION
NEW BUILDING CONSTRUCTION
As used in this article, the following terms shall have the meanings
indicated:
Applications to construct, reconstruct or otherwise alter
the facade of any building in a Business Zone A, Business Zone B or
Light Industrial Zone.
Any renovation or change which is made solely to the interior
of a building.
An application which involves (A) more than a twenty-percent
addition either to the surface area of a facade or to the floor area
of a building or structure, and/or (B) more than a fifteen-percent
revision of either the surface area of the front elevation (inclusive
of roof area) or the facade of an existing building or structure which
faces the street. However, in calculating the percentages in (A) and
(B) in this subsection, the size of any addition or revision made
to the residence within the two years preceding the date of the application
for a permit for such addition or revisions shall also be aggregated
and included within these limits.
Each and every other residential application which is made
and which is not a major alteration or new building construction,
except for ordinary maintenance, replacement made with same materials
and/or repairs to the building.
An application to build a new building, structure, or to
build an accessory building which is more than 80 square feet in size,
in all residential and commercial zones.
A.
The Board of Trustees hereby creates an Architectural Review Board,
which shall also be referred to as the "ARB."
B.
The Architectural Review Board shall consist of five members and
three alternates, who shall serve without compensation and who shall
be appointed by the Mayor. Each member of the Architectural Review
Board shall be a resident of the Village of East Hills. The Mayor
shall annually appoint one of the members as the Chairperson, and
the Chairperson may, from time to time, appoint one or more deputy
chairpersons, to act on behalf of the Chairperson. A secretary to
the ARB will be appointed by the Mayor to keep minutes and provide
authorizing signature on approved plans.
[Amended 11-17-2016 by L.L. No. 2-2016]
C.
The terms of the members first appointed to the vacancies in the
Architectural Review Board shall be fixed so that the term of three
members and one alternate shall expire at the end of the Village official
year in 2016, and the terms of the remaining two members and two alternates
shall expire at the end of 2017. At the expiration of the initial
terms of each member and each alternate first appointed, his or her
successor shall be appointed for a term of two years.
[Amended 11-17-2016 by L.L. No. 2-2016]
D.
Any member of the Architectural Review Board who fails to attend
more than four monthly meetings of the Architectural Review Board
in any Village year shall be deemed to have unconditionally submitted
his or her resignation from the Architectural Review Board to the
Board of Trustees, effective as of the date of such member's last
failure to attend a monthly meeting. In the event any such resignation
is not accepted by the Board of Trustees, any future failure to attend
an Architectural Review Board meeting during that Village year shall
be deemed to be a new unconditional submission of his or her resignation
from the Architectural Review Board to the Board of Trustees, effective
as of the date of such member's last failure to attend a monthly meeting.
E.
Vacancies which occur shall be filled by the Mayor for the unexpired
term of any member whose place has become vacant.
F.
Members shall endeavor at least once per annum with the Board of
Zoning Appeals and Planning Board to exchange ideas, discuss pertinent
issues, and critique the efforts of each of the bodies.
A.
Meetings of the Architectural Review Board shall be held monthly
as determined by the Chairperson of the ARB and at such other times
as the Chairperson shall establish. Five members of the ARB shall
constitute a quorum for the transaction of business. The Chairperson
may also create one or more subcommittees of the ARB and may delegate
all or any part of the authority and responsibilities of the ARB to
such subcommittee(s). The Chairperson shall appoint a subcommittee
chairperson for each subcommittee, together with a secretary. Each
subcommittee shall be comprised of three members and one alternate,
and a quorum shall require three members present.
B.
An approved plan shall bear the signed seal of the Architectural
Review Board or engineer who submitted it and shall bear the legend
"Approved by Architectural Review Board, Incorporated Village of East
Hills," with the date of approval and the signature of the Secretary
of the ARB.
C.
Except as provided in § 271-191, no building permit shall be granted by any individual, department, board or other body of the Village without the prior approval of the Architectural Review Board which involves the following:
(1)
A change in the exterior appearance of a building or other structure, as "structure" is defined in § 271-7 of this chapter (whether by means of a major alteration, minor alteration or commercial/industrial facade alteration), except for ordinary maintenance performed, replacement made with same materials and repairs made to the property.
(2)
The demolition of a structure, other than an accessory structure
which involves less than 1,000 square feet of floor area.
(3)
The ARB shall not review applications that involve solely interior
alterations.
D.
When a complete and accurate application, in final form, including
all requisite plans, elevations, other documents, information required
by the Architectural Review Board, and all of the requisite fees and
deposits to the Village have been received, the Village Administrator
shall forward such application to the Architectural Review Board.
E.
The Architectural Review Board shall have the following enumerated powers, in addition to such other powers as are set forth in § 271-185 et seq.:
(1)
To propose modified procedures with regard to the procedure
of its meetings.
(2)
To propose modified procedures with regard to the information,
documents and other submissions required of applicants, including,
in its discretion, but not limited to, site plans, elevations, surveys,
including topographic surveys and landscape plans, stormwater retention
plans, samples of materials and colors, renderings, computer simulations,
and photographs of the site, adjacent sites, and relevant other sites
within the Village.
(3)
To propose modified procedures with respect to minor alterations,
including, without limitation, the waiver of the requirement of ARB
approval of certain minor alterations, as shall be determined by the
ARB from time to time.
(4)
To either grant, grant with modifications, or deny permission
to build, improve, construct or alter any structure which because
of its architectural elements, colors, design, building materials,
height, bulk, lack of setbacks, or insufficient landscaping, will
be excessively similar, dissimilar or inappropriate in its design
or in its exterior appearance in relation to the prevailing appearance
of buildings in the vicinity thereof or adverse to the desirability
of the immediate area or of neighboring areas for residential and
commercial purposes.
A.
In considering an application, the Architectural Review Board 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.
B.
The Architectural Review Board may approve any application if the
ARB finds that the building, structure or alteration, if constructed,
erected, reconstructed or altered in accordance with the submitted
plan, would be in harmony with the purpose of this chapter and the
zoning laws, 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.
C.
In approving any application, the Architectural Review Board may impose appropriate conditions, requirements, covenants, warranties and safeguards designed to prevent the harmful effects set forth in § 271-186B.
D.
The Architectural Review Board may disapprove any application for a permit, provided that the Architectural Review Board has afforded the applicant an opportunity to confer at least one time with respect to suggestions for change of the plan or map, and provided that the Architectural Review Board finds and states that the structure or building for which the permit was requested would, if erected, constructed, reconstructed or altered as indicated, create one or more of the harmful effects set forth in § 271-186B hereof by reason of:
(1)
Monotonous similarity to any other structure or building located
or proposed to be located in the same subdivision or located within
200 feet of the lot on which the structure for which a building permit
is requested, in respect to one or more of the following features
of exterior design and appearance:
(a)
Substantially identical facade, including color;
(b)
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; or
(c)
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.
(2)
Striking dissimilarity, visual discord or inappropriateness
with respect to other structures or buildings located or proposed
to be located in the same subdivision or located within 200 feet of
the lot on which the structure for which a building permit is requested,
in respect to one or more of the following features of exterior design
and appearance:
(a)
Facade, including color;
(b)
Size and arrangement of doors, windows, porticos, porches or
garages or other openings, breaks or extensions in the facade;
(c)
Other significant design features, such as, but not limited
to, heights, widths, length of elements of design, roof structures,
exposed mechanical equipment, service and storage areas, retaining
walls, landscaping, signs, light posts, parking areas, fences; or
(d)
Exterior materials and treatments. The following exterior materials
and treatments shall generally be considered to be dissimilar and
inappropriate: aluminum used for exterior surfaces other than windows,
door frames, garage doors and/or soffits, and acrylic stucco or nonacrylic
stucco (or similar material), glass block, artificial brick or artificial
stone, provided that a majority of the members of the ARB present
at a meeting at which there is a quorum of at least five members present
may determine otherwise in a particular case.
(3)
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
of 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, 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 roadways.
A.
Minor alteration:
(1)
Every application to the Architectural Review Board with respect
to a minor alteration shall include the following documents:
(2)
Unless an applicant for a minor application is notified of a
concern, issue or request for additional documents or information
by certified mail with return receipt requested and postmarked no
later than 10 business days after the application is received, the
application shall be deemed approved.
B.
Major alteration or new building application. Every application to
the Architectural Review Board with respect to a major alteration
or new building shall include the following documents:
(1)
A completed application as prescribed by and furnished by the
Village containing information on the address, the owner, the architect,
the contractor and all such other required information.
(2)
A survey which contains all information, details and computations
that are customarily shown on a survey, including but not limited
to all structures, equipment, paved areas, utility lines, and easements.
The survey must be no more than two years old, and the owner must
certify that the survey is a true and accurate depiction of the site
as it presently exists; provided, however, that a new survey must
be submitted in connection with any new foundation or addition to
the foundation of a structure. If the certificate is not true, the
matter shall be adjourned until a proper survey is submitted. Nine
copies of the survey must be submitted with the application.
(3)
Floor plan which is shown in one-fourth-inch scale. Nine copies
of the floor plan must be submitted.
(4)
Drawings of all affected elevations and details shown in one-fourth-inch
scale. Nine copies must be submitted.
(5)
Topographical survey certified by a licensed surveyor with a
grid at two-foot intervals. Nine copies must be submitted.
(6)
Site grading and drainage plan for sites which require changes
in topography. Nine copies must be submitted.
(7)
Nine copies of the proposed site plan must be submitted.
(8)
Landscaping plan, including existing trees and trees proposed
to be removed on the property with a trunk diameter of four inches
or more at a point 54 inches above the ground, and all proposed plantings.
Nine copies must be submitted.
(9)
Other documents and submissions required in this article and
the zoning laws.
(10)
Other documents as may be required in the discretion of the
Architectural Review Board.
C.
Commercial/industrial facade alterations. Every application to the
Architectural Review Board with respect to a commercial/industrial
facade alteration shall include the following documents:
(1)
A completed application as prescribed by and furnished by the
Village containing information on the address, the owner, the Architectural
Review Board, the contractor and all such other required information.
(2)
A survey which contains all information, details and computations
that are customarily shown on a survey, including but not limited
to all structures, equipment, paved areas, utility lines, and easements.
The survey must be no more than two years old, and the owner must
certify that the survey is a true and accurate depiction of the site
as it presently exists; provided, however, that a new survey must
be submitted in connection with any new foundation or addition to
the foundation of a structure. If the certificate is not true, the
matter shall be adjourned until a proper survey is submitted. Nine
copies of the survey must be submitted with the application.
(3)
Drawings of all affected elevations and details shown in one-fourth-inch
scale. Nine copies of the drawings must be submitted.
(4)
Topographical survey certified by a licensed surveyor with a
grid at two-foot intervals. Nine copies must be submitted.
(5)
Site grading and drainage plan for sites which require changes
in topography. Nine copies must be submitted.
(6)
Nine copies of the proposed site plan must be submitted.
(7)
Landscaping plan, including existing trees and trees proposed
to be removed on the property with a trunk diameter of four inches
or more at a point 54 inches above the ground, and all proposed plantings.
Nine copies must be submitted.
(8)
Other documents and submissions required in this article and
the zoning laws.
(9)
Other documents as may be required in the discretion of the
Architectural Review Board.
D.
The Architectural Review Board may also request the following documents
be submitted in connection with any application which involves a major
alteration, new building or a commercial/industrial facade alteration:
(1)
Samples of all proposed materials and color samples of sufficient
size to indicate the materials used on the exterior of the building,
including, but not exclusively, materials used for roofing, siding,
brick and masonry. The Village shall be free to discard the materials
and samples at the time of the issuance of the certificate of occupancy.
(2)
Color photos, 8 1/2 inches by 11 inches, mounted on two-feet-by-three-feet
foam boards, showing the existing house and all other structures and
premises, and showing the houses, other structures and premises on
the adjacent properties and within 200 feet of the lot on which the
structure for which the building permit is requested (and within 1,000
feet of such lot in the case of a building or a commercial/industrial
facade alteration), with a statement which clearly identifies the
property shown in the photo.
(3)
A landscaping plan, which shall include existing trees and trees
proposed to be removed on the property with a trunk diameter of four
inches or more at a point 54 inches above the ground, and all proposed
plantings. Nine copies must be submitted.
E.
Additionally, every application to the Architectural Review Board
which involves a new building shall also comply with the following
requirements and submit the following documents:
(1)
Not less than three weeks before the scheduled hearing date,
all buildings, driveways and curb cuts must be clearly staked out
and clearly marked with ribbon or paint by a licensed surveyor.
(2)
Proposed stormwater drainage plans must be submitted not less
than three weeks before the scheduled hearing date. Nine copies must
be submitted.
(3)
Color renderings. Nine copies must be submitted.
(4)
A model, at the option of the Architectural Review Board, may
be required to be submitted.
(5)
Not less than three weeks before the scheduled hearing date,
all trees must be clearly tagged and numbered to match submitted landscaping
plans indicating which trees are to be removed and which trees are
to remain.
F.
All filings required under this and any other section of the Code
of the Village of East Hills must be completed and submitted to the
Building Inspector not less than three weeks prior to the scheduled
hearing date for the Architectural Review Board.
G.
In the event that the Architectural Review Board requests changes
to a proposed plan, the changes may be submitted not less than two
full weeks prior to the next Architectural Review Board meeting at
which the amended application is to be considered, unless the Architectural
Review Board grants a dispensation on the submission date required
under this section.
H.
The Architectural Review Board may, by majority vote of those members
present at any meeting at which there is a quorum, waive any of the
foregoing requirements if, in its discretion, it deems it fair, appropriate,
or necessary due to a matter of hardship or dire circumstances.
A.
Except for ordinary maintenance performed and repairs made to property, no person may construct, reconstruct or otherwise alter the facade of any building in a Commercial A, Commercial B or Light Industrial Zone without obtaining a facade permit from the Village's Building Inspector. An application for a facade permit shall be made on such forms as are established by the Building Inspector and shall be accompanied by a fee of $500. An application for a facade permit shall be processed in the same manner as an application for a building permit, except that the standards of this section shall be applicable to the Architectural Review Board's review of the facade in the place and stead of the standards set forth in § 271-190. Where an application involves a construction, reconstruction or alteration to which § 271-190 is applicable and to which this section is also applicable, the application must conform to the requirements of both sections before any permit shall be granted.
B.
It is the purpose of this section to prevent excessive uniformity,
dissimilarity or poor quality of design in the exterior appearance
of building facades, since such conditions adversely affect the desirability
of the immediate and neighboring areas, impair the benefits of occupancy
of existing developed property, undermine the stability and value
of both improved and unimproved real property in such areas and prevent
the most appropriate development of such areas.
C.
The Architectural Review Board may determine that a building facade
does not meet the requirements of this law in the event that it finds
the building facade would, if erected, be so detrimental to the desirability
of the property values or development of the surrounding area as to
produce one or more of the harmful effects set forth in this section
by reason of the following:
(1)
Excessive similarity to any other building facade existing or
for which a permit has been issued or to any other building facade
included in the same facade permit application, facing upon the same
street and within 1,000 feet of the proposed site, in respect to one
or more of the following features of exterior design and appearance:
(a)
Apparently identical facade, including color.
(b)
Substantially identical size and arrangement of either doors,
windows, porticos or other openings or breaks in the facade facing
the street, including reverse arrangements.
(c)
Other significant identical features, provided that a finding
of excessive similarity shall set forth the facts showing not only
that such similarity exists, but shall further set forth such facts
showing that it is of such a nature as to be expected to produce one
or more of the harmful effects set forth in this section.
(2)
Poor quality of design or excessive dissimilarity in relation
to any other building facade existing or for which a permit has been
issued, or to any other building facade included in the same facade
permit application, facing upon the same street and within 1,000 feet
of the proposed site, in respect to one or more of the following features:
(a)
Materials of which the facade is constructed, including color.
(b)
Height of the facade.
(c)
Lines of the facade.
(d)
Plane of the facade.
(e)
Texture of the facade.
(f)
Other significant design features, such as materials used in
construction or nature of architectural design, provided that a finding
of poor quality of design or excessive dissimilarity shall set forth
facts showing that such poor quality of design or excessive dissimilarity
exists, but shall further set forth facts showing that it is of such
a nature as to be expected to produce one or more of the harmful effects
set forth in this section.
A.
As required under the provisions of the statute, no less than three
weeks prior to the regularly scheduled Architectural Review Board
meeting, all completed applications shall be distributed to the Building
Inspector. In addition, the applicant must, prior to the submissions
of the completed applications, have staked out and properly marked,
as required, all trees proposed to be removed.
(1)
If the application is not deemed "complete" by the Building
Inspector, the Building Inspector shall notify the applicant and specify
in writing the basis for the determination that it is incomplete.
(2)
The Building Inspector shall review all zoning, landscaping
and stormwater issues to the extent relevant.
B.
Not less than two weeks prior to the regularly scheduled Architectural
Review Board meeting, the complete application, ready for review,
together with the comments of the Building Inspector, shall be distributed
to the members of the Architectural Review Board.
A.
Procedures
(1)
Applications for minor alterations should be heard first at
the meeting. The matter may be adjourned if the owner is not present
or not represented by a professional authorized to act on behalf of
the owner. Applicants for minor alterations may appear on their own
behalf or be represented by a lawyer, architect, design professional
or other agent.
(2)
Presentations involving major alterations or new buildings construction
or commercial/industrial facade alteration shall be presented by the
owner's architect and shall not exceed 30 minutes. Either of these
requirements may be waived by majority vote of the Architectural Review
Board members present at a meeting if there is a quorum of the Architectural
Review Board.
(3)
The Architectural Review Board may hold a hearing to elicit
community response and input when it deems it to be in the public
interest.
(4)
At least three members of the Architectural Review Board shall
inspect every site and the adjacent premises prior to the meeting
at which the application is scheduled to be heard.
(5)
Prior to the issuance of a certificate of occupancy, the Building
Inspector and a representative of the Architectural Review Board shall
review the plans, materials, colors, plantings and all other aspects
of the approved decision to ensure that the construction and all other
aspects of the approved decision and the conditions imposed have been
fully complied with.
A.
No permit which is required shall be granted or certificate of occupancy
shall be issued for any building or other structure unless it and
the entire premises upon which it is located conform to the resolution
adopted by the Architectural Review Board approving the application.
Such conformity shall include, but not be limited to, such requirements,
if any, as may have been imposed with regard to landscaping, final
grades, and stormwater retention. However, nothing contained in this
provision shall prevent the ARB from providing additional time for
the applicant to comply, if the ARB specifically provides for the
extension in its resolution.
B.
No building permit which is required shall be issued for any work
which has not been approved by the Architectural Review Board or for
work that is not in accordance with a prior approval of the Architectural
Review Board.
C.
No demolition permit shall be issued for any demolition unless such
demolition has been approved by the Architectural Review Board.
D.
After an approval of the plans by the ARB, but before a certificate
of occupancy has been issued, the Building Inspector shall have the
right, in his or her sole discretion, to approve minor amendments
to the previously approved plans. If approved, the Building Inspector
will stamp the modification requested as approved, provide the date
it was approved and sign each modification, which shall then immediately
become an amendment to the building permit. The amendments which may
be approved by the Building Inspector include, for example, but not
exclusively, changes to exterior colors of walls or roofs, changes
in the location of doors, or the determination of what is "like" or
"similar materials." There shall be a fee of $100 charged for each
application considered by the Building Inspector. Any application
that the Building Inspector does not approve, under this section of
the Code of East Hills may be submitted for full review by the Architectural
Review Board, with a separate fee as required, paid by the applicant.
[Added 11-17-2016 by L.L.
No. 2-2016]
Any applicant aggrieved by any decision of the Architectural
Review Board may appeal to the Zoning Board of Appeals of the Village,
in the same manner and upon the same criteria as is provided for use
variances. Such appeal shall be taken within 30 days after the filing
of the decision with the Village Administrator. The Zoning Board of
Appeals, after proceeding in the same manner as is provided for use
variance applications, may reverse, modify or affirm the action of
the Architectural Review Board.
A.
All fees for the Architectural Review Board are as follows:
(1)
Application for a new building: $2,000.
(2)
Application for a major alteration: $500.
(3)
Application for a minor alteration.
(a)
For changes, alterations and construction which involve under
$2,500, an application fee of $100 shall be charged;
(b)
For changes, alterations and construction which involves more
than $2,500 and up to $10,000, an application fee of $150 shall be
charged; and
(c)
For changes, alterations and construction which involves more
than $10,000, an application fee of $250 shall be charged;
B.
All appeals from a decision of the Architectural Review Board relating
to:
C.
On all other applications: $100.
D.
The fees provided for shall be the minimum fees and nonrefundable.
If the ARB retains an outside consultant on an application, the applicant
will be responsible for all costs and expenses incurred.
