Monday, January 5, 2009

The ARB Codes

Here are all of the codes pertaining to Architectural Review in the Zoning and Building Construction section (Chapters 116 and 119A) for the Village of Southampton. These arealso available online via the Village’s website: (http://www.southamptonvillage.org/codebook.asp). I am posting these on my blog because I plan to refer to them once in a while, and thought others might also be interested in reading them.

116-30 Purpose

The municipal legislative body finds that excessive uniformity, dissimilarity, inappropriateness or poor quality of the design and location of buildings and appurtenant structures, including signs, adversely affects the desirability of the immediate and neighboring areas and thereby impairs the benefits of occupancy of existing property and the stability and value of both improved and unimproved real property in such areas, prevents the most appropriate development of such areas, produces degeneration of property and destroys the proper relationship between the taxable value of real property in such areas and the cost of municipal services provided therefor. It is the intent of this Article to establish procedures and design criteria necessary to avoid such results and to preserve and enhance the character, historical interest, beauty and general welfare of the municipality and to ensure that the location and design of buildings, structures and open spaces in the municipality shall aid in creating a balanced and harmonious composition of the whole as well as in the relationship of its several parts.

116-31 Board of Architectural Review and Hitoric Preservation.
[Amended 12-9-1983 by L.L. No. 12-1983; 6-20-1989 by L.L. No. 8-1989]

A. The Board of Architectural Review and Historic Preservation is hereby created to replace the Board of Architectural Review. The Board shall consist of five Village residents who shall serve for three-year terms. Members of the Board of Architectural Review presently serving as such may be appointed to the Board of Architectural Review and Historic Preservation for the time remaining in their present terms. Initial appointments to the Board shall be made for terms so that one member shall serve for three years; two members shall serve for two years; and two members shall serve for one year.
B. The municipal legislative body may remove any member for cause after a public hearing.
C. If a vacancy shall occur otherwise than by expiration of a member's term, it shall be filled by an interim appointment for the remainder of the former member's unexpired term.
D. The Mayor shall designate a Chairman of the Board of Architectural Review and Historic Preservation, subject to the approval of the Board of Trustees. Such designation shall be for one official year of the Village and shall expire at the end of each official year. The Board of Architectural Review and Historic Preservation shall designate a Vice Chairman and a Secretary.
E. The Board shall adopt rules of procedure as it may deem necessary to the proper exercise of its responsibilities.
F. All meetings of the Board shall be open to the public.
G. Every decision of the 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. A quorum shall consist of three members.
H. The Board may officially designate a registered architect to advise and take part in its deliberations, but without a vote, unless a registered architect is a member of the Board. The municipal legislative body shall fix the compensation of such registered architect and pay other expenses of the Board.

116-32 Procedure for application; public hearing

A. Preliminary plans, elevations, sketches and/or proposals may be submitted to the Board of Architectural Review and Historic Preservation by the owner or by the architect or other agency of the owner for consultation prior to filing an application for a building permit.
[Amended 6-20-1989 by L.L. No. 8-1989]
B. Every application for a building permit for the construction of any building or structure or for a sign shall be referred to the Board of Architectural Review and Historic Preservation by the Building Inspector for architectural review. Notwithstanding the foregoing, applications for permits to make interior alterations in existing buildings and applications for construction of tennis courts and swimming pools (with their attendant fences and equipment) shall not be required to be reviewed by the Board and shall not be referred to the Board. With respect to referred applications involving one-family dwellings, two-family dwellings, accessory structures to residential buildings and signs, the Board may, at its option, hold a public hearing. With respect to referred applications involving multiple dwellings, nonresidential buildings and nonresidential structures, the Board shall hold a public hearing.
[Amended 2-28-1989 by L.L. No. 2-1989; 6-20-1989 by L.L. No. 8-1989; 3-9-2001 by L.L. No. 2-2001]
C. Meetings of the Board shall be held at the request of the Building Inspector or at the call of the Chairman or of any two members of the Board and at such times as the Board may determine.
D. The Board shall provide for the giving of notice as follows:
[Amended 4-9-1976 by L.L. No. 1-1976; 1-9-1998 by L.L. No. 1-1998; 3-9-2001 by L.L. No. 2-2001; 12-12-2002 by L.L. No. 6-2002]
(1) With respect to every application referred to the Board (except sign application), the applicant shall erect a white-with-black-lettering sign or signs measuring not less than 22 inches long and 14 inches wide, which shall be prominently displayed on the premises facing each street on which the property abuts, giving notice that an application is pending and the date, time and place where the initial meeting will be held. The sign shall not be set back more than 10 feet from the street line and shall not be less than two nor more than six feet above the grade at the street line. The sign shall be made of durable material and shall be furnished by the Board. It shall be displayed for a period of not less than 10 days immediately preceding the initial meeting date. No additional posting shall be required for any adjournment date or public hearing date. The applicant shall file an affidavit that he has complied with the provisions of this section.
(2) With respect to applications which involve a public hearing, the Board shall cause a public notice of such hearing to be published once in the official newspaper at least 10 days prior to the hearing date, and the applicant shall cause a copy of such notice to be mailed to all property owners within 200 feet of the subject premises, as shown on the latest completed tax roll, measured along the frontage on both sides of the street, and to all other property owners located within 200 feet of the boundaries of the premises, by ordinary mail at least 10 days prior to the hearing date. The applicant shall submit proof of such mailing.
E. With respect to applications which do not involve a public hearing, the Board shall render its decision within 30 days of the referral from the Building Inspector. With respect to applications which involve a public hearing, the Board shall hold a public hearing within 30 days of the referral from the Building Inspector, and the Board shall render its decision within 30 days of the closing of the hearing thereon.
[Amended 3-9-2001 by L.L. No. 2-2001]
F. No building permit shall be issued by the Building Inspector on any application which has been referred to the Board unless the Board shall have granted architectural review approval for the building or structure.
[Amended 3-9-2001 by L.L. No. 2-2001]
G. The Board may require changes in plans as a condition of its approval. The Board may direct that the execution of landscape screening be made a part of a plan before approval thereof and may require that the landscape plan be prepared by a licensed landscape architect, architect, engineer or surveyor.
[Amended 5-13-2004 by L.L. No. 5-2004]
H. With respect to every application referred to the Board (except a sign application), there shall be an application fee of $100 or such other amount as the Village Board of Trustees may hereafter fix and establish from time to time by resolution. With respect to every application involving a public hearing, there shall be an additional fee of $125 or such other amount as the Village Board of Trustees may hereafter fix and establish from time to time by resolution.
[Added 12-9-1988 by L.L. No. 8-1988; amended 6-20-1989 by L.L. No. 8-1989; 1-9-1998 by L.L. No. 1-1998; 12-12-2002 by L.L. No. 6-2002]

116-33 Duties of Board

A. The Board of Architectural Review and Historic Preservation is charged with the duty of maintaining the desirable character of the municipality and of disapproving the construction, reconstruction and alteration of buildings or signs that are designed without consideration of the harmonious relation of the new or altered building to such buildings as already exist and the environs in which they are set.

[Amended 6-20-1989 by L.L. No. 8-1989]
B. The Board is charged with the duty of exercising sound judgment and of rejecting plans which, in its opinion, are not of harmonious character because of proposed style, materials, mass, line, color, detail or placement upon the property or in relation to the spaces between buildings or the natural character of landscape or because the plans do not provide for the location and design of structures and open spaces so as to create a balanced and harmonious composition as a whole and in relation to its several parts and features to each other.

116-34 Remedies

[Amended 6-20-1989 by L.L. No. 8-1989; 3-9-2001 by L.L. No. 2-2001]
The remedy for any person aggrieved by a decision of the Board of Architectural Review and Historic Preservation granting or denying architectural review approval shall be an Article 78 proceeding.

116-35 Violation of Board approvals.

[Amended 6-20-1989 by L.L. No. 8-1989]
Any violation of the approvals established by the Board of Architectural Review and Historic Preservation shall be deemed a violation of this chapter, punishable under the provisions of §
116-40 of this chapter.