Questions about eCode360? Municipal users Join us Monday through Wednesday between 12pm and 1pm EDT to get answers and other tips!
Town of Amherst, NY
Erie County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Amherst 9-3-2019 by L.L. No. 18-2019. Amendments noted where applicable.]
A. 
The members of the Design Advisory Board shall be appointed by the Town Board.
B. 
The Design Advisory Board shall consist of five (5) members who shall serve without compensation and as now constituted shall continue in office until the expiration of their present term. Thereafter, their successors shall be appointed for terms of five (5) years.
C. 
At least one member must be a Planning Board member who will also act as the Board Chair. At least one member of such Board shall be a professional architect licensed to practice in the State of New York.
D. 
All members of the Design Advisory Board shall be residents of the Town of Amherst and qualified by reason of training or experience in art, architecture, community planning, land development, real estate, or landscape architecture.
E. 
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 the power to remove any member of the Design Advisory Board for cause and after public hearing.
F. 
The Planning Director shall designate a member of the Planning Department staff to act as the Clerk to the Design Advisory Board.
G. 
The Planning Director shall designate a Planning Department staff person to act as liaison to the Design Advisory Board.
H. 
Membership on the Design Advisory Board is limited to two consecutive full terms.
Review Authority: The Design Advisory Board shall be responsible for reviewing and making recommendations to the Planning Board regarding the following:
A. 
Major Site Plan Applications
B. 
Minor site plan applications as referred by the Planning Director
A. 
Meetings of the Design Advisory Board shall be held monthly, or at the call of the Chair.
B. 
All meetings of the Design Advisory Board shall be held at Town Offices and shall be open to the public
C. 
Notice of the meetings shall be posted on the Town website.
D. 
The Design Advisory Board shall keep minutes of its proceedings, and shall keep records of its findings and other official actions.
E. 
Three (3) members of the Design Advisory Board shall constitute a quorum for the transaction of business.
F. 
Member training(s) shall be held from time to time.
See Town of Amherst Design Guidelines -Mixed Use
A. 
Design Advisory Board application process.
(1) 
Pre-Application Conference: Before submitting an application for design review approval, each petitioner shall schedule a pre-application conference with the Planning Department to discuss the procedures, standards and regulations for design review approval in accordance with the standards and design guidelines of the Zoning Ordinance.
(2) 
Application Requirements. The following requirements shall apply to all applications for Design review.
(a) 
Who May Submit Applications. Applications shall be accepted only from persons having the legal authority to submit such applications (owners or lessees of property, persons who have contracted to purchase property contingent upon their ability to acquire the necessary approval under the Zoning Ordinance, or persons with written authorization from the owner).
(b) 
Forms. Application forms shall be available from the Planning Department. The content of such application forms shall be determined by the Planning Director and may be amended from time to time.
(c) 
Acceptance of Applications for Review. An application will be accepted for review when it contains all information necessary to determine whether or not the design as proposed will comply with all the requirements of the standards and guidelines, as determined by the Planning Director.
(d) 
Meeting Notice. At least 5 days prior to the meeting date, the Town shall post notice, via the Town's website, of the meeting agenda. These notice provisions are non-jurisdictional. Failure to provide notice or failure of the notice to provide the information called for shall not affect the validity of any action taken by the Design Advisory Board, Planning Board and Town Board.
(3) 
Application Requirements. The following information shall be submitted as part of the formal application for Design Advisory Board review.
(a) 
Application form with checklist, including all necessary documentation
(b) 
Project description, including a narrative addressing the following factors:
[1] 
Potential effects on neighborhood character.
[2] 
How the project shall enhance the public space.
(c) 
Aerial views; photographs.
(d) 
Site Plan.
(e) 
Elevations and cross sections.
(f) 
Renderings and floor plans.
(g) 
Manufacturer samples of exterior colors, materials, roofing, window and door design.
(h) 
Sign concepts and locations.
(4) 
Action by the Design Advisory Board
(a) 
The Design Advisory Board shall review the petition and evaluate the application. The Design Advisory Board shall schedule a meeting and give notice via the Town's website.
(b) 
Within 10 days following the close of the meeting, the Design Advisory Board shall furnish to the Planning Board and petitioner its findings that:
[1] 
The application is generally consistent with the design standards, guidelines and purpose of the Zoning Ordinance, and approval is recommended;
[2] 
The application is recommended for approval with modification(s); or,
[3] 
The application is inconsistent with the design standards, guidelines and purpose of the Zoning Ordinance and the Board recommends disapproval.
(c) 
The Design Advisory Board may include in a favorable report a recommendation that conditions be included as a part of any resolution approving the application.
(d) 
An unfavorable report shall state clearly the reasons therefore and, if appropriate, point out to the petitioner what changes might be necessary in order to receive a favorable report.
A. 
The decision of the Design Advisory Board shall immediately be filed in the Building and Planning Departments and the Town Clerk's Office. All decisions shall be public record.
B. 
The Design Advisory Board shall recommend to approve, approve with modification(s) or disapprove an application to the Planning Board; provided that, prior to disapproval, the applicant has been afforded an opportunity to confer upon suggestions for any change(s) to the proposed action.
C. 
Approval of any application hereunder shall be by a majority of the Design Advisory Board members.
Application of the standards is required for any development as follows:
A. 
All major site plan applications in the following Specific Zoning Districts: Traditional Infill 2.5 (TI-2.5); Traditional Infill 4 (TI-4); Center 2.5 (CTR-2.5); Center 5 (CTR-5); Center 8 (CTR-8); Deep Corridor 5 (DC-5) and Shallow Corridor 3 (SC-3) and any other minor site plans as determined by the Planning Director.
B. 
Minor changes as defined below are exempt from this Section:
(1) 
Ordinary maintenance and repair, including in-kind replacement of windows and doors; and siding if less than 25% of the existing exterior surface. (Replacement of or use of materials with types allowed in the District is encouraged.)
C. 
The Planning Department may send referrals to the Design Review Board.