[HISTORY: Adopted by the Board of Trustees of the Village of Briarcliff
Manor 3-4-1999 by L.L. No. 1-1999. Amendments noted where applicable.]
A.
The Village Board of the Village of Briarcliff Manor
hereby finds that it is in the best interests of the Village residents, and
protective of their health, safety, and welfare, to enact this chapter of
the Village Zoning Law for the creation of an Architectural Review Advisory
Committee (hereinafter referred to as "ARAC"). The Village Board hereby finds
that monotonous similarity, striking dissimilarity, visual discord or inappropriateness,
and visually offensive, incompatible, or other poor quality of design in the
exterior appearance of buildings, structures, or signs can adversely affect
the desirability of the immediate and neighboring areas, impair the use of
property, impact the stability in value of both improved and unimproved property
in such areas, prevent the most appropriate development, and contribute to
the diminution of the taxable value of property in such areas and their ability
to support municipal services provided therefor.
B.
It is the purpose of this legislation to preserve and
promote the character and appearances and conserve the property values of
the Village, the attractiveness of its residential and business areas which
are the economic mainstays of the community, by providing procedures for an
architectural review of certain buildings and structures henceforth erected,
reconstructed, altered, or demolished in the Village, and thereby to:
(1)
Encourage good qualities and appearances of the exterior
design of buildings, structures and signs;
(2)
Relate such design and appearances to the sites and surroundings
of buildings and structures;
(3)
Permit originality and resourcefulness in building design
and appearances which are appropriate to the sites and surroundings; and
(4)
Prevent such design and appearances as are deemed inappropriate
and detrimental to the visual environment.
C.
It is the intent of the Village Board to ensure high
standards, and consistent criteria, for the design of commercial, industrial,
municipal, recreational and certain residential buildings and structures,
exterior lighting, landscaping, and signage, and hereby enacts this chapter
to achieve the above-stated purpose.
D.
It is the intent of this chapter to create an advisory
committee to assist and serve as an adjunct to the Planning Board with its
review of the architectural features, details and impacts of applications
before it. The ARAC shall also serve and assist any other Board upon request.
A.
There is hereby created an Architectural Review Advisory
Committee (ARAC), which shall consist of five members who shall serve without
compensation.
(1)
All members of the ARAC shall be residents of the Village,
and shall be specifically qualified by reason of training or experience in:
architecture, land development, community planning, law, real estate, landscape
architecture, engineering, building construction, historic preservation, other
relevant business or profession, or by reason of civic interest and sound
judgment to consider the impacts of a proposed building or proposed design
plan upon the desirability, property values and development of surrounding
areas.
(2)
At least one member shall be a registered architect in
New York State.
(3)
One member of the ARAC shall be designated as Chairperson
by the Village Board.
(4)
No member of the ARAC shall be an officer or employee
of the Village of Briarcliff Manor.
B.
Members of the ARAC shall be appointed by the Village
Board. The term of office for each member appointed to the ARAC shall be three
years, except that of the members first appointed, one shall hold office for
a term of one year, two shall hold office for a term of two years, and two
for a term of three years.
C.
Members of the ARAC shall continue to hold office, where
practical, until their successors have been appointed by the Village Board.
A.
Meetings of the ARAC shall be held at least on a monthly
basis, and at such other times as the ARAC may determine. Meetings shall be
held no later than 30 days after receipt of an application referral to the
ARAC by the Planning Board or the Village Board of Trustees.
B.
The public and press shall receive advance notification
of all ARAC meetings, in compliance with the New York State Open Meetings
Law.
C.
Three ARAC members shall constitute a quorum for the
transaction of business.
A.
The ARAC shall keep minutes of all its meetings and proceedings.
The minutes shall show the vote of each member on every question, and the
recommendations made concerning each application. If a member is absent or
fails to vote upon a motion, the minutes shall indicate that fact. Minutes
of proceedings shall be approved by the ARAC at the next scheduled meeting
of the ARAC, and shall be submitted to the Village Clerk within five days
of that recommendation. Thereafter, ARAC meeting minutes shall be available
for public review.
B.
The ARAC shall keep copies of all applications, records
of its examinations and recommendations and other official materials.
C.
The ARAC shall prepare and file with the Village Board,
on or before January 1 of each year, a complete report of the business handled
by the ARAC during the preceding year, upon request.
D.
The Village Board may appoint a Secretary to the ARAC.
The ARAC shall operate under such rules and regulations as it may adopt
insofar as they do not supersede any requirements of this chapter, and insofar
as they guarantee due process to any applicant. Any action by the ARAC to
adopt, amend, or repeal rules and regulations shall be taken after a public
hearing has been held, and shall be subject to approval of the Village Board.
A.
The ARAC shall review and recommend approval, approval
with conditions, or disapproval of all applications referred to it by the
Planning Board, including, but not necessarily limited to the following actions:
(1)
Construction, addition, demolition, or exterior alteration
of:
(a)
Nonresidential buildings, structures and facilities;
(b)
Multifamily and attached single-family buildings and
their accessory structures; and
(c)
Residential buildings and structures, including detached,
single-family dwelling units and their accessory buildings, when specifically
reserved as part of subdivision or site plan approval by the Planning Board
as part of the approval of any cluster, average density or other development
plan involving lots less than the minimum area required in the district in
which the property is located.
B.
The Planning Board shall refer any application defined in § 5-6A above requiring its approval to the ARAC for its review and recommendations prior to taking action on any such application. The ARAC shall make a written recommendation on all referrals by the next regularly scheduled meeting of the Planning Board. Unless otherwise extended by the Planning Board, failure to take action on the part of the ARAC within the time limits above shall be deemed to constitute recommendation of approval.
C.
The ARAC shall review and recommend approval, approval with conditions,
or disapproval of all applications for building permits for solar energy collectors
referred to it by the Building Inspector under Village Code § 220-9.1C(2)(d).
[Added 6-7-2007 by L.L. No. 3-2007]
A.
Application. All applications requiring ARAC review shall
include, but not be limited to, the following:
(1)
Complete and accurate exterior elevations of all facades,
drawn at a scale to accurately show the appearance of all proposed buildings
and structures, including colors and materials.
(2)
A plan or plans of the project, prepared by an architect
registered in New York State, unless waived by the Planning Board, including
the most current version of a site plan being reviewed by the Planning Board.
The plan(s) shall be drawn at a scale adequate to clearly and accurately indicate
the following:
(a)
The dimensions, orientation and area of the building
and site with setback dimensions clearly marked.
(b)
The size, shape and location of existing and proposed
construction and relationship to adjacent properties, buildings and structures.
(c)
A summary of areas of existing or proposed buildings
on the site and an indication of their proposed uses.
(d)
All existing and proposed topography.
(e)
The locations of existing and proposed plantings and
screening devices, walls, fences and railings, as well as an indication of
their height and construction materials.
(f)
An indication of exterior lighting (building, structure
or other architectural accent lighting) adequate to determine its features
and illumination, and to enable review of possible hazards and disturbances
to the public and adjacent properties.
(3)
Photographs of the site, adjacent buildings, areas and
structures sufficient to provide adequate representation thereof.
(4)
Detailed drawings of decorative elements.
(5)
Samples of exterior building or structure materials and
finishes, and color palette for painted surfaces.
(6)
Sectional drawings to explain the character of the design,
or a colored perspective drawing.
(7)
Location, size, design and drawing of the exterior signage,
including a description of the proposed materials and colors.
(8)
Copies of all variances and/or other required approvals.
(9)
Other information and materials as may be required by
the Planning Board or by the ARAC or its representative.
B.
An application defined in § 5-6A shall not be considered complete without all of the required information. The Planning Board may waive any of the requirements of this section where, due to character, size, location or special circumstances, any particular information is not required in order to properly and adequately review the project. The rationale for any such waiver shall be communicated to the ARAC Chairman in a timely manner.
A.
Recommendation process. The ARAC shall recommend approval,
approval with conditions, or disapproval of any complete application referred
to it by the Planning Board. All recommendations shall be voted on by a majority
of the ARAC members. The ARAC shall provide written documentation of their
recommendations for each application, and keep a copy in the official application
files.
B.
Determining factors for recommendation of disapproval.
The ARAC may recommend disapproval of any application, provided that it finds
that the building or structure for which the permit was requested, if constructed,
erected, altered, or demolished as indicated, would result in one or more
of the harmful effects set forth by reason of:
(1)
Monotonous similarity to any other building or structure
located, or proposed to be located, in the vicinity of the site of the building
or structure for which a building permit is requested, with respect to one
or more of the following features of exterior design and appearance:
(a)
Substantially identical facade;
(b)
Substantially identical size and arrangement of 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, roof line and height, widths and lengths of elements of the
building design, and exterior materials and treatments.
(2)
Striking dissimilarity, visual discord or inappropriateness
with respect to other buildings or structures located, or proposed to be located,
in the vicinity of the site of the building or structure for which a building
permit is requested, with respect to one or more of the following features
of exterior design and appearance:
(a)
Facade;
(b)
Size and arrangement of doors, windows, porticos, porches
or garages or other openings or breaks or extensions in the facade; or
(c)
Other significant design features, such as, but not limited
to: heights, widths and lengths of design elements, exterior materials and
treatments, roof structures, landscaping, signs, lighting, light posts and
fixtures, exposed mechanical equipment, storage areas, retaining walls, parking
areas, fences and service and loading areas.
(3)
Visually offensive, incompatible or other poor qualities
of exterior design, including, but not limited to: considerations of the compatibility
or discord of colors, or incompatibility of the proposed building or structure
with the terrain on which it is to be located, including, but not limited
to, excessive divergence of the height or levels of any part of the building
or structure from the grade of the terrain.
C.
Plans recommended for disapproval. Upon recommendation
of disapproval by the ARAC, the plan recommended for disapproval shall be
returned to the Planning Board, accompanied by a written explanation of the
reasons for the recommendation of disapproval.
Members of the ARAC who have participated in any manner in the preparation
of plans presented to it for review shall comply with L.L. No. 1-1997[1] on standards of conduct for Village officers, employees and consultants.
A.
The ARAC shall limit its consideration of applications
to a reasonable and professional review.
B.
The ARAC shall not unduly restrict new or innovative
building types, materials or construction methods. Individual initiative is
to be encouraged.
C.
In its endeavor to improve the quality of design in the
Village, the ARAC shall consider cost as one factor along with design in its
efforts to achieve the purpose and objectives of this chapter.
D.
The ARAC shall serve only in an advisory manner to the
Planning Board and other Village boards on request. The Planning Board may
adopt the recommendations of the ARAC in whole or in part. The Planning Board
shall not be bound by and may act contrary to the recommendations of the ARAC.
