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UntitledPLEASE TAKE NOTICE that the following AMendment to the Zoning Ordinance Providing for a Board of Architectural Review and ` Historic District Advisory Board, was adopted by the Town Board of the Town of Wappinger at their Regular Bimonthly Meeting held December 1st, 1986. The following Ordinance was offered by COUNCILMAN REIS who moved its adoption: AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE TOWN OF WAPPINGER The following Ordinance was offered by who moved its adoption: An amendment to the Zoning Ordinance of the Town of Wappinger for the purpose of adding a new Section entitled "Architectural and Historic District Advisory Board". BE IT RESOLVED AND ORDAINED by the Town Board of the Town of Wappinger as follows: 1. The Zoning Ordinance of the Town of Wappinger, duly adopted March 10, 1980 and as amended from time to time is further amended by adding Section 428 as follows: SECTION 428 ARCHITECTURAL AND HISTORIC DISTRICT ADVISORY BOARD 428.1 FINDINGS AND PURPOSE The Town Board finds that the economy and quality of life of the Town of Wappinger are affected by its visual environment. The general welfare of residents and of property owners as well as property values and the tax base, are enhanced by natural and man-made features and structures of visual and historical value. Excessive uniformity, dissimilarity, inappropriateness or poor quality of design in the exterior appearance of building erected in any neighborhood adversely affects the desirability of the immediate area and neighboring areas for residential and business purposes or other use and by so doing impairs the benefits of occupancy of existing property in such areas,. impairs 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 in such areas with attendant deterioration of conditions affecting the health, safety, comfort and general welfare of the inhabitants thereof, and destroys a proper relationship between the taxable value of real property in such areas and the cost of municipal services provided therefor. It is the purpose of this Ordinance to prevent these and other harmful effects of such exterior appearances of buildings erected in any neighborhood and thus to promote and protect the health, safety, comfort and general welfare of the community, to promote the public convenience and prosperity, conserve the value of buildings and natural and man-made features and encourage the most appropriate use and development of land within the Town. Accordingly, the Town Board of the Town of Wappinger hereby finds that it is in the best interests of the citizens of the Town of Wappinger and protective of their health, safety, economic and general welfare to create an "Architectural and Historic District Advisory Board" (hereinafter referred to as "AAB") in order to accomplish these purposes and insure proper protection and development of the visual environment of the Town of Wappinger. 428.2 CONSTITUTION OF BOARD AND RULES OF CONDUCT 428.21 1Appointment The AAB shall be appointed by the Town Board of the Town of Wappinger and shall consist of five (5) members, all of whom shall be residents of the Town of Wappinger. Of the members first appointed, one shall hold office for the term of one year, one for the term of two years, one for the term of three years, one for the term of four _years and one for the term of five years, from and after his appointment. Their successors shall be appointed for a term of five years from and after the expiration of the terms of their predecessors in office. Members shall serve without compensation. Vacancies shall be filled by the Town Board for unexpired terms of any members whose position on the AAB shall become vacant. 428.22 Members The AAB members shall, insofar as possible, be chosen for qualification and training in the fields of architecture, landscape architecture, construction, planning, design, or other related disciplines. The Chairman of the Planning Board shall serve as an exofficio member of the AAB. If the Chairman of the Planning Board is unable to serve 2 the Town Board shall appoint another member of the Planning Board to serve in this capacity. 428.23 Chairman The Town Board shall designate one (1) member of the AAB as Chairman. 428.24 Advisors The Building Inspector, Town Planner, Town Attorney and the Town Engineer shall act in an advisory capacity to the AAB. 428.25 Quorum Three (3) members of the AAB shall constitute a quorum for the transaction of business. Decisions of the AAB shall be the result of a majority vote of the membership. 428.26 Meetings The AAB shall schedule meetings at least once a month, and meet in accordance with all provisions of the New York State Open Meetings Law. No meeting shall be required if no cases have been placed on the agenda as of five (5) business days prior to the scheduled meeting. 428.27 Disqualification for Interest Any member of the AAB who has participated in any manner in the preparation of plans presented to the AAB for review shall not take part in the AAB review of such plans. Such member shall, prior to the convening of the AAB meeting at which such plans are first in- cluded on the agenda, notify the AAB, in writing, that he has par- ticipated in the preparation of such plans and is therefore dis- qualifying himself from participation in the review process thereon. 428.3 FUNCTIONS OF THE AAB 428.31 Review Authori The AAB shall have the authority to recommend approval, approval with conditions, or disapproval of plans referred to it by the Town Board, Building Inspector, Planning Board, or the Zoning Board of Appeals. The Planning Board, Zoning Board of Appeals and Building Inspector may upon a finding that such review would be advisable, refer pians in the following catagories to the AAB: (a) National Register and Locally Designated Properties and Districts. Plans for construction alterations, additions or restoration, located in Federal, State or locally designated Historic Districts or located on the same property as individual structures listed on the National Register of Historic Places, or determined to be eligible for listing on the National Register of Historic Places by the State Office of Parks, Recreation and Historic Preservation, or locally designated by the Town of Wappinger as significant historic structures. (b) Site Development Plans. Site development plans before the Planning Board for review, relating to Industrial, Commercial, Office, Multi -Family, and Mobile Home Park development, and open space develop- ment. (c) Special Permit Uses. Applications for special permit uses in all districts. (d) Signs. Plans for construction or erection of signs. 428.32 Reports The AAB may, on its own initiative, issue reports recommending programs or legislation in the inteLst of preserving or improving the visual environment. 428.4 PROCEDURES 428.41 Applications The referring agency shall transmit to the AAB copies of the 3 application and plans submitted by the applicant. If necessary, the AAB shall request additional information from the applicant to enable it to review the proposed project. Essential plans and information shall include, but not necessarily be limited to: (a) Planning Board File. (b) Building Department File. Building Department files on the subject property and adjacent properties. (c) Plans and Elevations. Scale plans and elevations showing the nature of construction and the materials to be incorporated in the exterior of the project. (d) Site Plans. A site plan, at appropriate scale, showing information required by Section 450 of the Zoning Ordinance. (e) Renderings. Three-dimensional sketch or rendering illustrating significant aspects of construction and exterior design, when deemed necessary and requested by the AAB and at a scale deemed appropriate by the AAB. 428.42 Preliminary Design and Meeting with Applicant. After referral to the AAB, applicants shall be encouraged to submit preliminary designs for AAB review and comment prior to final design submission. The applicant shall further be given the oppor- tunity to discuss the proposed plhns with the AAB at one of its meetings. 428.43 Site Visits. Insofar as is possible, and when- ever deemed necessary by the Chairman of the A_AB, members of theAAB shall visit the site of proposed construction. 428.5 STANDARDS FOR REVIEW In conducting its review, the AAB shall evaluate the proposed architectural and landscaping plans in accordance with the following standards. 428.51 New structures should be constructed to a height visually compatible with the buildings and environment with which they are visually related. 428.52 The gross volume of any new structure should be visually compatible with the buildings and environment with which they are visually related. 428.53 In the street elevation(s) of a building, the proportion between the width and height in the facade(s) should be visually compatible with the buildings and environment with which it is visually related. 428.54 The proportions and relationships between doors and windows in the street facade(s) should be visually compatible with the buildings and environment with which it is visually related. 428.55 The rhythm of solids to voids, created by open- ings in the facade, should be visually compatible with the buildings and environs .n*_ with which it ii visually related. 428.56 The existing rhythm created by existing building masses and spaces between them should be preserved, insofar as practicable. 428.57 The materials used in the final facade(s) should be visually compatible with the buildings and environment with which it is visually related. 428.58 The texture inherent in the facade should be visually compatible with the buildings and environment with which it is visually related. 428.59 Colors and patterns used on the facade should be visually compatible with the buildings and environment with which it is visually related. 428.510 The design of the roof should be visually compatible with the buildings and environment with which it is visually related. 428.511 The landscape plan should be sensitive to the individual building, its occupants and their needs. Further, the landscape treatment should be visually comptible with the buildings and environment with which it is visually related. 428.512 All street facade(s) should blend with other buildings via directional expression. When adjacent buildings have a dominant horizontal or vertical expression, this expression should be carried over and reflected. 428.513 Architectural details should be incorporated as necessary to relate the new with the old and to preserve and enhance the inherent characteristics of the area. 428.514 The setback of the building(s) from the street or property line, and the other yard setbacks, should be visually compatible with the buildings and environment with which it is visually related. 428.515 Signs should be of a size, scale, style, materials and configuration and illumination that is visually compatible with the building to which it relates, and should further be visually compatible with the buildings and environment with which it is visually related. 428.6 FINDINGS 428.61 The AAB may make the following findings: Recommended This finding shall be indicative that the plan will not be detrimental to the visual environment, meets the standards required by the Town of Wappinger, and may proceed through the normal approvals process. 428.62 Recommended with Conditions This finding shall be indicative that the plan will meet the standards of the "Recommended" category with modifications or conditions. If the suggested modifications are made, the plan shall be deemed "Recommended". 428.63 Not Recommended This finding shall be indicative that the plan is found to be detrimental to the visual environment and beneath the standards of design required by the Town of Wappinger and cannot be rendered acceptable by the imposition of conditions or modifications. The disapproved plan shall be returned to the referring agency accompanied by a written explanation of the reasons for the disapproval and the basis for the finding that the plan cannot be rendered acceptable by the imposition of conditions or modifications. 428.7 REPORT FINDINGS The AAB shall report its findings and recommendations to the referring agency in writing, within thirty (30) days of receipt of the referral. Copies of such reports are to be distributed by the referring agency to any agency of the Town of Wappinger concerned with the project under consideration and to the applicant. 428.8 SUBSTANTIAL CHANGE OF APPROVED PLANS Any substantial change in siting or in the exterior appearance of an approved project may be subject to review and reconsideration by the AAB at the discretion of the appropriate referring agency. 428.9 FINAL ACTION BY REFERRING AGENCY The findings and recommendations of the AAB shall be considered advisory, and the final decision on approval of the plans or application shall be made by the appropriate referring agency. y5. 2. The provisions of this Ordinance are separable and if any provision, clause, sentence, subsection, word or part thereof is held illegal, invalid or unconstitutional, or inapplicable to any person or circumstance, such illegality, invalidity or unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, subsections, words, or parts of this Ordinance or their application to other persons or circumstances. It is hereby declared to be the legislative intent that this Ordinance would have been adopted if such illegal, invalid, or unconstitutional provision, clause, sentence, subsection, word or part had not been included therein, and if such person or circumstance, to which the Ordinance or part thereof is held inapplicable, had been specifically exempt therefrom. 3. This Ordinance shall take effect upon adoption, posting and publication as prescribed by Town Law. Seconded by: Supervisor Paino Roll Call Vote: 5 Ayes 0 Nays I, ELAINE H. SNOWDEN, Town Clerk of the Town of Wappinger, do hereby certify that the foregoing Ordinance was duly adopted at a Regular Meeting of the Town Board of the Town of Wappinger held December 1, 1986, at which time a quorum was present and participated throughout and that the same has not been in any manner rescinded or annulled and that the same is still in force and effect and is duly entered in the minutes of said meeting. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the said Town of Wappinger this 2nd day of December, 1986. ELAINE H. SNOWDEN TOWN CLERK TOWN OF WAPPINGER Dated: December 2, 1986 Date of Publication: December 3, 1986