Architectural Review Consultant.

Jurisdiction of Planning Board. Planning Board review and approval shall be required for the following actions concerning the architecture of residential buildings and/or structures, as listed below. For the purposes of this section, residential buildings and/or structures shall include duplex developments, townhouse developments, multifamily developments, and multifamily developments as part of a cluster development, and shall exclude one-family dwellings:

Jurisdiction of Architectural Review Consultant. The Planning Board shall appoint the ARC in each of the following instances:

Review of proposed construction. The Planning Board or ARC, as designated above, shall review and approve the exterior architectural features of proposed construction, additions, alterations or remodeling of buildings or structures, and prior to the issuance of any building permit and, where site plan approval is required, prior to the granting of final approval of the site plan or the signing of any site plan.

Signs. The ARC shall have the authority to review, upon the referral of the Code Enforcement Officer or Planning Board, and approve or disapprove, signs intended to advertise businesses, pursuant to Chapter 234 in the Town Code labeled "Signs," regardless of zone or use category.

Notwithstanding anything herein to the contrary, the Planning Board shall retain exclusive jurisdiction over all elements of the site plan, although it shall consult with the ARC on architectural features, color and design. For example, where site plan approval is required, the Planning Board shall exercise exclusive review authority over landscaping, screening and fencing pursuant to its site plan authority. At the Planning Board's discretion, it may ask for ARC review and/or input regarding this topic.

Preapplication conference. Applicants are encouraged to informally discuss their proposals with the Code Enforcement Officer, a maximum of two Planning Board members, the ARC and other Town staff and consultants at a meeting prior to formal submission of an application. These informal discussions may include reviews of preliminary design concepts.

Submission procedures. All applications shall be submitted to the Code Enforcement Office for a determination of whether Planning Board review is required. The Code Enforcement Office may assign a particular plan to the ARC for review as well.

Materials. Applications for Planning Board review and approval shall include the following:

The Planning Board or ARC shall review the exterior architectural features of the proposed construction, additions, alterations or remodeling, and evaluate them in accordance with the adopted guidelines set forth in the Architectural and Building Form Guidelines, as such may be amended from time to time.

The Planning Board or ARC shall give strong consideration to architectural design and aesthetic considerations, including architectural elevations, facade treatments, building exterior finish and ornamentation, signage, windows, and lighting, in order to convey an attractive appearance and to help restore the hamlet centers to an appearance consistent with that promoted by the design guidelines. For both new structures and replacements, renovations and alterations, the appearance, color, material, texture, and design of structures, including roof pitch and building mass, and the size, shape, location and number of window and door openings shall be reviewed by the Planning Board or ARC as to their consistency with the Architectural and Building Form Guidelines and to their compatibility with adjacent buildings so as to avoid unnecessary or inappropriate contrast with surrounding structures.

In exercising its authority, the Planning Board or ARC shall consider costs of materials, availability of materials, and the needs and objectives of the project sponsor. The Planning Board or ARC shall make every reasonable effort to find a means of achieving the applicant's goals in conformance with the purposes of this article. Where the Planning Board or ARC has objections to a proposal, it shall make every effort to work with the applicant in developing an economically feasible plan to address any objections.

Authority of the Board. The Planning Board, after consulting with the ARC, may either approve, approve subject to specific modifications or submission of additional data or material, or disapprove the proposed exterior architectural features of the construction, additions, alterations or remodeling.

Approval. Approval shall be based upon a finding that the proposed construction, additions, alterations or remodeling meets the adopted guidelines set forth in the Architectural Review and Building Form Guidelines, if applicable.

Approval subject to modifications. Approval with modifications shall be based on a finding that the exterior architectural features of the proposed construction, additions, alterations or remodeling would meet the guidelines set forth in the Architectural and Building Form Guidelines if certain modifications were made, or that the Planning Board or ARC requires additional data or material in order for the Planning Board to grant approval to the proposed project. The findings shall set forth the specific modifications necessary to meet such guidelines, and/or the specific data or material required to satisfy the Board's requirements.

Disapproval. Disapproval shall be based on a finding that one or more exterior architectural features fail to meet the guidelines of the Architectural and Building Form Guidelines, and cannot be altered to meet such guidelines by one or more particular modifications. Disapproval may also be made if the applicant has failed to submit reasonably necessary elevations, renderings, samples or specifications sufficient to enable the Board to review the application.

The ARC shall promptly submit comments to the Planning Board concerning the visual impact issues and any other environmental issues relating to the architectural features. Where practicable, the ARC may also forward informal comments to the Planning Board on any review that the ARC has undertaken. All such comments should be submitted to the Planning Board prior to the close of the public hearing.

Time for decision.

Filing of decision. The decision of the Planning Board shall be filed in the office of the Town Clerk within 10 business days after such decision is rendered, and a copy thereof mailed to the applicant.

Expiration of approval. Planning Board approval shall expire one year from the date of approval, unless an extension is granted by the Planning Board at the request of the applicant prior to the expiration. Only one six-month extension shall be permitted. When recommendations are made by the ARC upon referral from the Planning Board, the expiration of approval will be at the discretion of the Planning Board.

The Code Enforcement Officer shall not issue any permit, including a building permit, seasonal operating permit, operating permit or a certificate of occupancy for any construction, additions, alterations or remodeling, the architectural features of which have not been approved, or which have been disapproved by the Planning Board through consultation with the ARC. The Code Enforcement Officer may approve a building permit for proposed construction, additions, alterations or remodeling conditionally approved by the Planning Board with input from the ARC, or grant a seasonal operating permit, as soon as the conditions specified in such conditional approval have been fulfilled, provided that the proposed construction, additions, alterations or remodeling otherwise qualifies for a building permit. The Code Enforcement Officer may issue a building permit for proposed construction, additions, alterations or remodeling approved by the Planning Board, provided that it otherwise qualifies for a building permit. The Code Enforcement Officer shall issue a building permit for proposed construction, additions, alterations or remodeling which have been referred to the Planning Board or ARC for review and on which the Board has failed to act within the time periods set forth in the preceding section, provided that the proposed construction, additions, alterations or remodeling otherwise qualifies for a building permit.

Where the proposed project or construction requires site plan approval, the Planning Board Chair shall not sign the site plan until the ARC review has been completed and reviewed by the Planning Board, and the Planning Board has issued an approval, or approval subject to conditions, if applicable.

No building permit, seasonal operating permit, operating permit or certificate of occupancy shall be issued until the applicant shows compliance with this article.

No construction shall take place except as approved by the Planning Board pursuant to the provisions of this article.

Any person, firm, organization, corporation or group who violates this article, or who engages in construction without obtaining the required approval of the Planning Board or Code Enforcement Officer as required in this article, or who engages in construction contrary to the provisions and conditions of the Planning Board approval, or any person who uses or operates a business in any building or structure constructed in violation of the provisions or conditions of any Planning Board approval or building permit as required by this article shall be prosecuted pursuant to § 96-15 of the Town of Fallsburg Code.

Nothing in this article shall be construed as depriving the Town or the Town Board of any other available remedy, either of a civil or criminal nature, as provided by law.