RESOLUTION OF ADOPTION OF A LOCAL LAW AMENDING ARTICLE X OF THE ZONING LAW TO UPDATE AND REVISE THE PROCEDURES OF THE ARCHITECTURAL REVIEW BOARD

WHEREAS, Board of Trustees of the Village of Dering Harbor have proposed a local law amending Article X of the Zoning Law to update and revise the procedures of the Architectural Review Board; and

WHEREAS, a public hearing was held on September 19, 2020 and October 10, 2020; and

WHEREAS, by letter dated August 14, 2020, the Suffolk County Planning Commission considered the proposed local law to be a matter for local determination, and

WHEREAS, the adoption of said local law is considered to be a Type II action under 6 NYCRR §617.5(c), SEQRA and will not have a significant adverse impact upon the environment;

NOW, THEREFORE, BE IT RESOLVED, that Local Law No. 5 of 2020 is hereby adopted as follows:

LOCAL LAW NO. 5 OF 2020

A LOCAL LAW amending Article X of the Zoning Law to update and revise the procedures of the Architectural Review Board.

BE IT ENACTED by the Board of Trustees of the Village of Dering Harbor as follows:

Section 1.  Amendment.  Article X of the Zoning Law is amended by deleting strikethrough words and adding underlined words as follows:

ARTICLE X

BOARD OF ARCHITECTURAL REVIEW BOARD

Section 10-100 Policy and Findings

Section 10-104 Procedures of the Board

Section 10-105 Chairperson and Alternate Members

Section 10-106 Pre-submission conference; Referrals to the Board

Section 10-108 Standards for Architectural Review Board Action

Section 10-110 Advisory Powers

Section 10-112 Effect of Disapproval, or Failure to Act

Section 10-114 Appeal

Section 10-116 Other Laws

Section 10-100 Policy and Findings.

1. It is the purpose of this article to preserve and promote the character and appearances and conserve the property values of the Village, the attractiveness of whose residential areas is the economic mainstay of the community, by providing procedures for an architectural review of the structures henceforth erected, reconstructed or altered in the village, and thereby to achieve the following purposes and objectives:

1. a. (1) To encourage good qualities of exterior building design and good appearances and to relate such     design and appearances to the sites and surroundings of structure,
2. b. (2) To permit originality and resourcefulness in building design and appearances which are appropriate to the sites and surroundings, and
3. c. (3) To prevent such design and appearances as are necessarily offensive to visual sensibilities.
4. B. The Board of Trustees hereby finds that structures which are visually offensive or inappropriate by reason of poor qualities of exterior design or materials, monotonous similarity or striking visual discord in relation to their sites or surroundings, mar the appearances of their areas impair the use, enjoyment and desirability and reduce the values of properties, are detrimental to the characters of neighborhoods, prevent the most appropriate development and utilization of land, and therefore adversely affect the functioning economic stability, prosperity, health, safety and general welfare of the entire community.

Section 10-102  Creation of Board

1. There is hereby created an Board of Architectural Review Board which shall consist of five members who shall serve without compensation. All members of the board shall be residents of the Village. and shall be specifically qualified by reason of Members of the board should have interests, training or. experience in architecture, land development, community planning, real estate, landscape architecture, engineering, building construction or judgment, to judge the effects of a proposed building upon the desirability, property values and development of surrounding areas.
2. B. The Chairman Chairperson and other members of the board shall be appointed by the Board of Trustees. The term of office of each member shall be 3 years, except that the initial appointments of one member shall be for one year, and of a second and third member for two years, and of a fourth and fifth member for three years. In the same manner vacancies shall be filled for the unexpired term of any member whose place has become vacant. The Board of Architectural Review Board shall appoint a secretary who shall keep or cause to be kept in the Village Hall a comprehensive record of all meetings of the board, as well as a record of all transactions handled by said board and shall prepare and file with the Board of Trustees on or before September 1st of each year a complete report of the business handled by the board during the preceding year ended May 31st.

Section 10-104 Procedures of the Board

1. A. Meetings of the Board of Architectural Review Board shall be held at the call of the chairman chairperson and at such other times as the board shall determine. The board may hold a public hearing when it deems the same to be in the public interest.  Notice of the hearing shall be given by publication in the official paper of the Village of Dering Harbor one time not less than nine nor more than twenty-five not less than ten (10) days before the date of the hearing, and by mailing a copy of the public notice of the hearing to the owner or owners of properties any part of which is within two hundred feet of the parcel which is the subject of the hearing requiring the applicant to mail written notice of the date, time and place of the hearing, and a summary of the purpose of the application, by certified mail, return receipt requested, to every property owner, as shown on the current Village of Dering Harbor assessment rolls, of parcels within two hundred fifty (250) feet of the property which is the subject of the application, proof of which shall be submitted to the Board on or before the commencement of the public hearing in the form of an affidavit with postal receipts annexed thereto confirming mailing of said notices at least ten (10) days prior to the hearing date.  The failure of the notice to be published in the newspaper or the applicant to provide the required proof of mailing shall require the Board to adjourn the public hearing and cause the public hearing to be re-noticed.
2. A majority of the board shall constitute a quorum for the transaction of business. The Architectural Review Board shall keep minutes of its proceedings showing the vote of each member upon each question, or if absent or failing to vote indicating such fact, and shall also keep copies of its examinations and other actions.
3. The board Architectural Review Board shall have power from time to time to adopt, amend, and repeal rules and regulations not inconsistent with law or the provisions of this chapter governing its procedures and the transaction of its business, and for the purpose of carrying into effect the standards outlined in Section 10-108. Such action to be taken after a duly noticed public hearing. and shall be subject to the approval of the Board of Trustees

Section 10-105 Chairperson and Alternate Members.

1. The Board of Trustees shall designate the Chairperson of the Board of Architectural Review Board. Such designation shall be for one official year of the Village and shall expire at the end of each official year.  During the absence, disability or disqualification of the Chairperson, the Vice-Chairperson elected by the Board of Architectural Review shall perform all the duties, exercise the powers and be subject to all of the responsibilities of the Chairperson.  The designation of Chairperson may be withdrawn at the pleasure of the Village Board.  The duties of the Chairperson shall be as follows:

(1) To preside at all meetings.

(2) To postpone meetings due to inclement weather and to call special meetings.

(3) To sign, together with the administrative support personnel of the Village Clerk or Building Inspector, all official documents of the Board of Appeals.

(4) To see that all reports, documents, and actions of the Board of Architectural Review Board are properly            made, executed, filed or taken, as the case may be, in accordance with law and regulations of the Board of           Architectural Review Board.

(5) To serve as liaison the Village Board of Trustees and other Village boards.

1. B. Alternate Members. For the purposes of substituting for a member of the Board of Architectural Review Board in the event that such member is unable to participate because of a conflict of interest or is otherwise unavailable due to a long term absence, disability or disqualification, the Mayor may appoint one or more alternate members subject to the approval of the Board of Trustees, with any such appointment for a term of one year from the date of appointment.  Any designation of an alternate member in replacement of a member on a particular case because of a conflict of interest or unavailability due to a long term absence, disability or disqualification shall be made by the Chairperson of the Board of Architectural Review Board and shall be entered in the minutes.

Section 10-106 Pre-submission conference; Referrals to the Board

1. Pre-Submission Conference.

(1)  Prior to the submission of a building permit application, the owner or his/her agent may submit         preliminary plans, elevations, sketches and/or proposals to the Architectural Review Board for consultation at   a pre-submission conference.  The purpose of such conference is to enable an owner and his/her architect to have the benefit of the Board’s preliminary and informal input as to form, layout, design, development     constraints, zoning, and other issues related to the conformance of the standards and criteria set forth in this            article before preparing fully designed and engineered plans necessary to make a formal application.  Pre- submission conferences are recommended for construction of new buildings or structures and substantial          alteration or additions to existing buildings or structures.

(2)  A landowner seeking a pre-submission conference shall submit his/her request in writing accompanied by           proposed plans and documents to the Village Clerk at least twenty (20) days prior to regularly scheduled         meeting of the Architectural Review Board.

(3)  Pre-submission conferences shall be placed on the agenda and held at a regular meeting of the Architectural Review Board or may be scheduled at a special meeting with due notice.  A pre-submission             conference is not a public hearing, but members of the public may attend the meeting and provide comments.

(4)  Due to the informal nature of the pre-submission conference, comments of the Architectural Review   Board at a pre-submission conference shall be considered preliminary and shall not be binding on the Board   or the applicant.

1. B. As soon as practicable and in any event within 3 five (5) business days after determining that an application for a building permit for the construction, reconstruction or alteration of any building or structure complies with all provisions of this code the Zoning Law, other than this article the Building Inspector shall transmit to each member of the Board of Architectural Review a copy of any such application which the Building Inspector first determines comes within either any of the following categories:

(a) (1) Construction of any new building or structure;

(b) (2) An addition or reconstruction or alteration of any existing building or structure, in such a manner as to       change substantially the exterior character and appearance of the building or structure.  Interior alterations to     an existing building or structure and the “in-kind” replacement of materials of an existing building or          structure shall not be considered to be a substantial change requiring review by the Architectural Review     Board for the purposes of this section.

(c) (3) All fences, and walls including fences for pools, tennis courts and gardens.

1. The referral of an application by the Building Inspector shall be made to the Chairperson of the Architectural Review Board who shall, within five (5) business days of the referral, classify the application as either “substantial” or “non-substantial” construction. An application for non-substantial construction may be reviewed by a committee of one member of the Board, but all applications for substantial construction shall be reviewed by the Board (consisting of at least the majority).

(1) Applications for non-substantial construction reviewed by a committee of one member of the Board under     this subsection shall be approved, denied or approved with conditions based upon the criteria and standards          set forth in §10-108.

(2) A person aggrieved by the decision of the committee of one member of the Board may request such   decision be reviewed by Board.  Such request shall be made in writing within thirty (30) days of the decision             of the committee of one member of the Board is filed in the office of the Village Clerk.  Any such request to   the Board shall be reviewed in the same manner as an application for substantial construction.

(3) Notwithstanding any provision in this section C to the contrary, the Chairperson or the Board member     designated to review the application may classify any application considered non-substantial construction as             substantial construction requiring Board review.

(4) Notwithstanding a classification of the application as non-substantial by the Chairperson, the applicant       may request that the application be reviewed by the Board.

(d) D.  The Building Inspector shall not transmit any application for a building permit to the Architectural Review Board until it has been fully approved found to be complete for review by the Building Inspector as having met every provision of this code the Zoning Law, other than this article.  If approval of the Building Inspector’s review is pending or a variance from the Zoning Board of Appeals is required for any part of the application then the application shall not be submitted to the Architectural Review Board until all such required review and Board of Appeals’ approvals have been issued.  The Building Inspector’s finding of completeness under this article does not constitute a final appealable determination or a building permit. 

(e) E.  In the event the Board of Architectural Review Board receives an application from the Building Inspector that has not been fully approved is not complete for review as having met every provision of this code other than this article, the Board of Architectural Review Board at a regular meeting or at a special meeting called by the chairperson or acting chairperson the Board of Architectural Review may make a determination that the application has is not been fully approved complete for review and return the application to the Building Inspector until such time as all approvals have been met the application has been found to be complete for review.

(f) F. Applications must be accompanied by plans which are prepared and certified by, and stamped with the seal of licensed architect, engineer, and/or surveyor and shall be accompanied by a fully dimensioned site plan and plot plan and a survey by a licensed surveyor showing all elevations of new structures and all affected elevations in the case of additions or alterations.  Where deemed necessary by the Building Inspector or Architectural Review Board, the application shall be accompanied by a fully dimensioned site plan based upon a current survey of the property prepared by a licensed surveyor.  The site plan submitted shall show both existing and proposed contours at 5 foot intervals, all existing trees with a trunk diameter of 12 inches or more at a point 3 feet above the ground level and whether such trees shall remain or be removed, existing and proposed landscaping, and/or other topographical features existing or planned but not limited to all changes in grades and berms.

 (g) G.  All applications submitted by or appeared by anyone other than the owner of record according to the title of the property, an owner’s endorsement or a letter of agency must be submitted and no application will be accepted or reviewed by the Village of Dering Harbor or its representatives of the owner’s representative submitting the application does not submit or have a letter of agency signed by the owner of record on file with the Village Clerk.  All parties to the application must also submit the required disclosure affidavit as required under §809 of the New York State General Municipal Law.

1. All applications for any action by the Architectural Review Board shall be submitted in the form required by the Board and filed in the Village office. A digital copy of said application shall be submitted in a format determined, and changed as needed, by the Village Clerk. 
2. Every request for a pre-submission conference or an application referred to the Architectural Review Board shall be subject to an application review fee in an amount set by the Board of Trustees adopted from time to time by resolution.

Section 10-108 Standards for Architectural Review Board Action

1. A. Approval of any building permit shall be by a vote of a majority of the members of the Board of Architectural Review Board. All decisions of the Architectural Review Board shall be by resolution approved by no fewer than three members and shall contain a full record of the findings of the Board in the particular case.  Any vote not obtaining a majority of the members shall be considered to be a denial.
2. B. In considering an application for a permit 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 district and its peculiar suitability for particular purposes, with a view to conserving the values of property encouraging the most appropriate use of land.
3. The Architectural Review Board may approve any application referred to it upon finding that the building or structure for which the permit was requested if erected or altered in accordance with the submitted plan would be in harmony with the purpose of this article, would not be visually offensive or inappropriate by reason of poor quality of exterior design or materials, 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 values of properties in the area, would not be detrimental to the character of the neighborhood, would not prevent the most appropriate development and utilization of the site or of adjacent lands and would not adversely effect affect the functioning economic stability, prosperity, health, safety and general welfare of the entire community.
4. D. In approving any application the Architectural Review Board may impose appropriate conditions and safeguards, designed to prevent the harmful effects set forth in section 10-100.
5. The Architectural Review Board may disapprove any application for a permit, provided that the board has afforded the applicant an a reasonable opportunity to confer upon suggestions for change of the plan, and provided that the board finds and states that the structure for which the permit was requested would, if erected or altered as indicated, provoke one or more of the harmful effects set forth-in section 10-100 by reason of:
6. a. (1) Monotonous similarity to any other structure or structures or proposed to be located on the same street or a corner thereof and within 250 feet of the site of the structure           for which a building permit is requested, in respect to one or more of the following features of design and appearance:

1.(a) substantially identical facade, disregarding color;

2. (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
3. 3. (c) other substantially identical features such as, but not limited to, setbacks From street lines, heights, widths and lengths or elements of the building design, and exterior materials and treatments;
4. (2) Striking dissimilarity, visual discord or inappropriateness with respect to other structures located or proposed to be located on the same street or a comer thereof and within 250 feet of the site of the structure for             which a building permit is requested, in respect to one or more of the following features of exterior design and       appearance:
5. (a) facade, disregarding color;
6. 2. (b) size and arrangement of doors, windows, porticos, porches or garages, or other openings, breaks or extensions in the facade, or
7. 3. (c) other significant design features such as, but not limited to heights, widths and lengths of elements of design, exterior materials and treatments, roof structures, exposed mechanical equipment,                    service and storage areas, retaining walls, landscaping, signs, light posts, parking areas and fences,             service and loading areas;
8. (3) Visual offensiveness or other poor qualities of exterior design or materials, including without          limitation, considerations of the harmony or discord of colors, or             incompatibility of the proposed structure           with existing structures in the Village or with The terrain on which it is to be located, but not limited to          excessive divergences of the heights or levels of any part of the structure from the grade of the terrain.
9. (4) The Architectural Review Board shall maintain the desirable character of the Village and disapprove the construction, reconstruction, alteration and development         of buildings that are designed without consideration of the harmonious relation of the new or altered building to such buildings as already exist and make up the             identity of the community.
10. (5) The Architectural Review Board shall maintain the identity and heritage of the community of the Village of Dering Harbor in its review and decision-making process.  The identity of the community of the             Village of Dering Harbor is founded on its past; and the historic, architectural, cultural and natural resources         of the community of the Village of Dering Harbor constitute its heritage.
11. (6) It is the purpose of the Architectural Review Board to preserve and enhance the character, history, historical interest, beauty, general welfare and property values of the Village of Dering Harbor.
    

1. F. Review of fences and walls. The Architectural Review Board shall review applications for fences and walls, including such applications seeking to make substantial alteration, replacement, modification or change to preexisting fences and walls that do not conform the requirements of §4-420(1).  In addition to the standards in §10-108c E and §10-108d, the Architectural Review Board shall find that the fence or wall will be compatible with the design, appearance, improvements, and physical characteristics of the site and other existing structures in the surrounding neighborhood; that the materials, height, orientation, and location of the fence or wall is in proper relation to the existing or proposed improvements on the site, to public infrastructure and to other fences or walls on adjacent properties and in the neighborhood; that the fence or wall will be a planned architectural feature and will not dominate the site or overwhelm surrounding properties, structures, or passersby; and that the fence or wall will be of sound construction and located so as not to cause a safety hazard.  The use of chain-link, cyclone, barbed wire, electrified, or razor wire fences and other similar types of security fences shall be prohibited.  Generally, fences along the front lot line or street line shall be of an open grill or latticework, or similar open design allowing light and air to pass through at least fifty (50) percent of the fencing material.  Stockade fences and walls that block views within the front yard or along a street line are discouraged.  The Architectural Review Board shall have the authority to impose greater setbacks or reduce the height of fences and walls, and to impose reasonable conditions.
2. Compliance with Approved Plans.

(1) The decision of the Architectural Review Board shall expressly reference the title of the plans, number of           sheets, preparer of the plans and all other documents presented and relied upon by the Board in making its         decision.  The decision of the Board and approved plans shall be signed by the Chairperson and delivered to         the Building Inspector.  If the Board’s decision is conditioned upon a modification to the plans, the          applicant shall submit revised plans complying with such conditions prior to the Chairperson signing same.

(2) The Building Inspector shall not issue a building permit unless the plans submitted therewith duly         comply with the decision of the Architectural Review Board.  A substantial alteration or change in the plans             shall require re-submission to the Architectural Review Board.

(3) Prior to the issuance of a certificate of occupancy/compliance, the Building Inspector   shall make written         request to the Chairperson of the Architectural Review Board to      cause an inspection of the property to         determine compliance of the completed construction with the approved plans.  The Chairperson or other          designated Board member shall provide a written report to the Building Inspector within five (5) business            days with respect to the project’s compliance.  A substantial alteration or change in the construction from the approved plans shall require re-submission to the Architectural Review Board.

(4) The Building Inspector shall not issue a certificate of occupancy/compliance unless and until the         Chairperson or other designated Board member reports that the construction is in substantial compliance with            the approved plans.

(5)  Failure to obtain the approval of the Architectural Review Board as required under this article or failure to adhere to approved design which has been subject to the approval of the Architectural Review Board or any       conditions of such approval shall be a violation of this Chapter.

Section 10-110 Advisory Powers

The Board of Architectural Review shall advise with respect to public buildings and such other matters as the Board of Trustees, the Zoning Board of Appeals and the Planning Commission Board may refer to it.

Section 10-112 Effect of Disapproval or failure to Act

The Building Inspector shall refuse any building permit application disapproved as provided in Section 10-108.  If the Board of Architectural Review Board shall fail to approve or disapprove any application referred to it under Section 10-106 within sixty (60) days of the date of referral of such application to it, the application shall be considered to have been approved unless the applicant shall have agreed to an extension of time.

Section 10-114 Appeal

Any applicant person aggrieved by the action a decision of the Board of Architectural Review Board in approving or disapproving an application for a building permit and the denial of the permit by the Building Inspector because of such disapproval, may request in writing the issuance of formal findings of fact by the Architectural Review Board.  The Architectural Review Board shall make such findings of fact within 30 days of the date the written request is filed in the Village Clerk’s office, by mailing a copy of such findings of fact to the applicant within that period by certified mail. The applicant shall be provided the opportunity to answer the findings of fact of the Architectural Review Board by the submission of formal proof which shall be filed with the Village Clerk within 30 days of the date of the mailing of the findings of fact to the applicant. Upon the filing of an answer with the Village Clerk within thirty days of the mailing of the findings of fact, the Board of Architectural Review shall reconsider the proposed application and the answer to the findings of fact at a public hearing which shall be noticed pursuant to this article. If the application is disapproved after such reconsideration, the applicant may bring a proceeding to review in the manner provided by Article 78 of the Civil Practice Law and Rules in a court of record on the ground that such action is illegal in whole or in part.  Such proceeding must be commenced within thirty (30) days after the filing in the office of the Village Clerk of the decision of the Architectural Review Board after its reconsideration of the application.  If no answer to the findings of fact is filed with the Village Clerk in writing within thirty (30) days of the mailing of findings of fact to the applicant the opportunity r reconsideration will be deemed unavailable and no further remedy may be taken.

Section 10-116 Other Laws

This article shall supersede provisions of this code to the extent that they conflict with or are contrary to the provisions of this article.

Section 2.  Authority.  The proposed local law is enacted pursuant to Village Law §7-712, et.seq. as well as Municipal Home Rule Law §§10(1)(i) and 10(2).

Section 3.  Severability.  If any section or subsection, paragraph, clause, phrase, or provision of this law shall be adjudged invalid or held unconstitutional by any court of competent jurisdiction, any judgment made thereby shall not affect the validity of this law as a whole, or any part thereof other than the part or provision so adjudged to be invalid or unconstitutional.

Section 4.  Effective Date.  This local law shall take effect upon filing with the Secretary of State pursuant to Municipal Home Rule Law.

AND BE IT FURTHER RESOLVED, that the Village Clerk is hereby authorized and directed to publish the following Notice of Adoption:

NOTICE OF ADOPTION

PLEASE TAKE NOTICE that after public hearing was held on September 19, 2020 and October 10, 2020 the Board of Trustees of the Village of Dering Harbor at their meeting of October 10, 2020 adopted LOCAL LAW NO. 5 OF 2020 as follows:  “A LOCAL LAW amending Article X of the Zoning Law to update and revise the procedures of the Architectural Review Board.”

Copies of the adopted law are on file in the Village Hall, Tuesdays and Thursdays, from 9:00 a.m. to 12:00 noon, or by appointment, and on the Village’s website.

BY ORDER OF THE BOARD OF TRUSTEES

VILLAGE OF DERING HARBOR, NEW YORK