Village of Port Jefferson, NY Article XIIA Architectural Review Committee

[Added 5-8-2000 by L.L. No. 6-2000]

§ 250-52.1 Purpose; creation; terms; duties.

A. For the purpose of promoting the health, safety and general welfare of the community, conserving and enhancing the appearance of the Village, especially in areas of existing or potential scenic value, of historical note, of architectural merit or of interest to the residents, and for the purpose of assisting property owners to maintain the appearance and architectural tone of their neighborhoods and preserve property values for the purpose of eliminating blight, the Planning Board and Building Inspector, in exercising their respective functions as set forth in the Village Code and/or Village Law of the State of New York, for all structures and properties in the C-1, C-2, MW, R-O, I-2 and P-O Districts and for all proposed subdivisions, are to consider in deciding any application that comes before either whether such application encourages originality, resourcefulness and good qualities of exterior building design and good appearance in harmony with surrounding structures; whether the proposed design and appearance is offensive to visual sensibilities even when conforming to existing surrounding structures; and whether the proposal avoids or creates monotonous similarity or striking discord in design, appearance or materials and/or achieves an interesting and harmonious aesthetic appearance of all structures in the Village predicated upon sound principles of planning architectural and/or aesthetic design.

[Amended 8-28-2000 by L.L. No. 14-2000; 11-1-2010 by L.L. No. 8-2010]

B. In making such determination, both the Planning Board and Building Inspector shall consider whether such application, if granted, may:

(1) Not be in harmony with the intent and purpose of this chapter;

(2) Be visually offensive or inappropriate by reason of poor quality or exterior design, monotonous similarity or visual discord in relation to the site, its surroundings or adjacent buildings;

(3) Mar the appearance of the area;

(4) Impair the use, enjoyment and desirability and the values of properties in the area;

(5) Prevent the most appropriate development and utilization of the site or of adjacent lands; or

(6) Affect adversely the appearance, aesthetics, economic stability, prosperity, health, safety or general welfare of the community.

C. To aid the Planning Board and Building Inspector in the above-described tasks, there is hereby created an Architectural Review Committee consisting of five members. The role of the Architectural Review Committee shall be advisory only and shall be for the sole purpose of providing the Planning Board and Building Inspector with information and advice as to the items set forth in Subsection A above. The Board of Trustees shall appoint the members of the Architectural Review committee, with the exception of one member who shall be chosen by the Planning Board, on a rotating basis for one-year terms. The terms of members first appointed shall be so fixed that the term of one member shall expire at the end of the Village official year in which such members were initially appointed. The terms of the remaining members first appointed shall be so fixed that one term shall expire at the end of each official year thereafter. At the expiration of the term of each member first appointed, his or her successor shall be appointed for a term which shall be equal in years to the number of members of the Board. If any vacancy shall occur otherwise than by expiration of term, the Board of Trustees shall fill the vacancy for the unexpired term. That Board of Trustees shall have the power to remove any member with or without cause and to dissolve the entire Committee. In the selection of the members of the Committee, the Board of Trustees may consider persons interested, trained or experienced in architecture, local history, land development, community planning, landscape architecture, engineering, building construction, conservation, environment or other relevant business or profession or persons interested in civic development and betterment.

D. The Architectural Review Committee shall establish written criteria and performance standards to guide it in its deliberations.

E. The Architectural Review Committee may designate one or more registered architects to advise and take part in all deliberations and, subject to the approval of the Board of Trustees, may fix and provide for all necessary costs or expenses involved in reviewing each application, including compensation for needed advisory services. Any architect so retained shall be without benefit of vote in regard to any application unless he is also a member of such Committee.

F. Where required by the Planning Board and/or Building Inspector, applications for all structures and properties, signs, awnings, etc., in the C-1, C-2, MW, R-O and I-2 Districts, and for all proposed subdivisions must be accompanied by plans showing, as the case may be, all architectural and engineering elevations of the proposed structure and all affected elevations in the case of additions, alterations or remodeling, details and elements of design, color, exterior materials and treatments, roof structures, exposed mechanical equipment, service and storage areas, retaining walls, landscaping, signs, awnings, light posts, parking areas, fences, service and loading areas and such other information as the Planning Board and/or the Building Inspector may require. When required by the Planning Board, Building Inspector or by the Committee, a site plan shall be submitted with the application showing both existing and proposed contours at two-foot intervals.

[Amended 11-1-2010 by L.L. No. 8-2010]

G. All applications subject to this architectural review provision shall be accompanied by such fee as the Board of Trustees, by resolution adopted from time to time, may prescribe.

H. Every applicant shall be afforded the opportunity to confer with and review with the Planning Board and/or Building Inspector any changes in the plans suggested by the Board and/or Building Inspector or submit alternate plans and proposals in such cases where the Board and/or Building Inspector finds that the application would, if granted, be inconsistent with the intent of this chapter by reason of:

(1) Striking offensive dissimilarity, visual discord or inappropriateness with respect to other structures located or proposed to be located on the same street, or a corner thereof, or the perpetration of visually offensive architecture in existing structures in said area 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 or other openings, breaks or extensions in the facade.

(c) Other significant design features, such as but not limited to heights, widths and lengths of elements of design, poor orientation, exterior materials and treatments, roof structures, exposed mechanical equipment, service and storage areas, retaining walls, landscaping, signs, light posts, parking areas and fences and service and loading areas.

(2) Visual offensiveness or other poor qualities of exterior design, including consideration of the harmony 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 divergences of the heights of levels of any part of the structure from the grade of the terrain.