The Board of Architectural Review of the Village of Tuxedo Park shall be governed by the provisions of all applicable state statutes, local laws, ordinances and these rules.

The term "Board" as used in these rules shall mean the duly appointed Board of Architectural Review of the Village of Tuxedo Park.

The Village of Tuxedo Park is unique in its many examples of excellence in architectural and landscaping design.

The designation of the entire Village as an historic site and its listing on the National Register of Historic Places by the United States Department of the Interior is both a recognition of the unique excellence of architecture and landscaping within the Village and a mandate to the Village to preserve the values and standards reflected in such excellence and such designation.

Property within the Village derives much of its value from its proximity to such examples of excellence in architecture and landscaping, and that when and where structures of poor design quality or inferior building materials have been erected within the Village there has been a corresponding diminution in value to adjacent properties in particular and to properties in general throughout the Village.

The predominant terrain throughout the Village is steep, rocky and severe and presents unusual difficulties and challenges to designers of new construction and landscapers, and that such terrain does not lend itself to successful development with stock or standard structure designs but rather requires the skill and attention of trained professionals who have investigated and addressed the specific site to be developed.

Special emphasis shall be placed on the State Environmental Quality Review Act (SEQRA), when applicable.

Poor siting, excessive uniformity, dissimilarity, inappropriateness or poor quality of design in the exterior appearance of buildings and other structures erected in any neighborhood adversely affects the desirability of the immediate areas and neighboring areas for residential and 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. It is the purpose of these governing rules to prevent these and other harmful effects of such exterior appearances of buildings and other structures and thus to promote and protect the health, safety, comfort and general welfare of the community, to promote the public convenience and prosperity, to conserve the value of the buildings and to encourage the most appropriate use of land within the Village.

There is hereby established a Board of Architectural Review. Such Board shall consist of five members appointed by the Board of Trustees in accordance with all applicable laws. The Board of Trustees shall, by resolution, designate from the members of such Board a Chairman and Deputy Chairman. A quorum shall consist of not less than three members. Each member of such Board shall serve for a term of office as set forth in § 15-13 of the Code of the Village of Tuxedo Park. Any member may be removed by the Mayor for cause after a public hearing.

The Chairman shall decide all points of order and procedure subject to these rules unless directed otherwise by a majority of the Board. All matters shall be decided by a roll-call vote. Approval of any motion shall require a second and at least three aye votes; otherwise the matter shall be deemed disapproved.

Vacancies shall be filled by appointments made by the Board of Trustees.

In the absence of a quorum, the Chairman may adjourn the meeting to any subsequent date.

The Board of Architectural Review shall have jurisdiction to approve, modify or disapprove the landscaping and exterior aesthetics of all buildings and structures to preserve the aesthetic and architectural integrity of the Village of Tuxedo Park. It shall also have site plan jurisdiction to approve, modify or disapprove the existence, location and architecture for any building and garage renovations and additions, cabana shed, gazebo, greenhouse, folly, animal shelter and playhouse. The Board of Architectural Review may, at any time during its review of an application before it, refer any matter, in whole or in part, to the Planning Board for a report and recommendation back to the Board of Architectural Review.

The Board shall hold a monthly public meeting at a chosen regular time and day at the Village Office. If there is no immediate business, the Chairman may cancel the meeting by notification to all members not less than 24 hours prior to the time set for such meeting.

The Board shall hold an informal work session meeting at least once per month for the purpose of discussing preliminary plans and tentative projects. Work sessions may be combined with the regular monthly meeting, but no official action may be taken at these work sessions. The Board shall have the option to set the time and day of these work sessions, and the Chairman shall have the same prerogative to cancel as for the regular meeting.

The Board may also employ outside professional advisors such as architects, engineers, landscape designers and architectural historians to aid in the execution of this article.

When deemed necessary by the Board, a public hearing may be held for any matter before the Board. At least five days' public notice is required before a hearing may convene.

Each Board member shall be expected to attend at least 75% of all meetings (regular and special) of the Board. If a member misses 25% or more of the meetings of the Board held over the last twelve-month period, that member shall forfeit his/her position on the Board and be deemed to have resigned from the Board. The Secretary is responsible for monitoring attendance and notifying the Chair of such an attendance situation. In such an event, the Chair shall report the situation to the Mayor and request the appointment of a replacement member. All Board members shall be expected to attend site visits of those properties and locations that are the subject of the application or appeal the Board. The Chair will schedule at least one PB/BAR site visit for each application or appeal. If a member cannot attend a site visit, he/she shall perform a site visit on his/her own. In deference to property owners, the Secretary will make every attempt to notify applicants of PB/BAR site visits in advance.

All projects involving new construction, exterior alteration, demolition, excavation, site work, accessory structures or any other activity that alters the property's appearance shall require a Building Permit and must come before the Board of Architectural Review. Normal repairs and maintenance, if not altering design, structure, materials or appearance, do not require Board approval.

The applicant shall first request inclusion on an informal work session agenda. The Board shall require of the applicant:

During the first work session discussion, the Board shall review the overall concept and architectural acceptability of the project rather than particular details. The Board shall also seek where appropriate the preliminary opinion of the Building Inspector regarding compliance with the Zoning Law, Uniform Fire Prevention and Building Code, water and sewer regulations, etc. The applicant may attend as many work sessions as he wishes without need of an additional application fee. During the review period, the applicant shall grant access to the subject parcel so Village officials may make any site inspections deemed necessary.

When the applicant is ready to proceed formally, he or his designated agent shall file an application in the Village Office as follows:

When the formal application is fully complete, the Building Inspector shall, within 45 days of its filing, review that application for conformance with this chapter, the Uniform Fire Prevention and Building Code, the water and sewer regulations and any other applicable regulations or local laws. Any application that is disapproved by the Building Inspector shall be deemed rejected and shall not proceed to any other phase of normal review. If approved, the application shall be placed on the Board of Architectural Review agenda for its next available formal meeting. However, no application shall be placed on this agenda unless it is on file at the Village Office at least 10 days prior to said Board meeting.

Once approved by the Building Inspector, the application, if complete, shall move to the Board of Architectural Review. Before deciding upon any application approved by the Building Inspector, the Board shall perform any and all necessary SEQRA review, unless otherwise previously performed by the Planning Board.

To be considered complete, an application must conform to Subsection D above, and the applicant and/or his authorized agent must be present at each relevant meeting with the project's architect and engineer. The Board shall then render its decision within the ensuing three formal meetings following the first formal agenda listing for that application. Extensions may occur if requested by the applicant and approved by the Board; if SEQRA requirements have not been met, if the application is deemed incomplete; or if a quorum of the Board is lacking. Approval shall require a second and three favorable votes; otherwise, the matter shall be deemed disapproved. Any application that is not ready for review within six months from its first agenda listing may be deemed void by the Board.

Once approved by the Board of Architectural Review, the Building Inspector is empowered to issue Building Permits, provided all other requirements of the Village Code and State Building and other codes, laws, rules and regulations have been satisfied.

In reviewing applications within its jurisdiction, the Board of Architectural Review shall take into consideration the aesthetic impacts of conformance with the applicable zoning regulations of the Village, including, but not limited to, screening, signs, landscaping, architectural features, location and dimensions of buildings, adjacent land uses and physical features meant to protect adjacent land uses, tree removal, adjacent structures and neighboring properties, visibility of the structure, appropriateness with the Village's listing on the National Register of Historic Places, and any other considerations or criteria that the Village Board of Trustees, by resolution or local law, may, from time to time, impose upon the Board of Architectural Review.

The Board shall consider if the proposed project exhibits excessive visual similarity or dissimilarity with nearby structures, either existing or planned. The basis for this determination shall be exterior materials, mass line, architectural style and authenticity, natural landscaping, colors, size, proportion, roof design, window fenestrations and the potential for visual anachronisms. The Board shall reject designs which mix design elements from various styles of architecture or which fail to present a homogeneous whole. For example and without limiting the generality of the foregoing, the Board shall disapprove the decorative use of half-timbers or any other elements traditionally having structural purpose unless the arrangement of such elements and the overall design of the structure are consistent with the visual effect of such elements.

The Board shall be mindful of the unique planning, landscaping, architecture infrastructure and history of the Village of Tuxedo Park which inspired the United States Department of the Interior to list the entire Village on the National Register of Historic Places. New projects which tend to dilute the Village's historic integrity or alter the tradition of quality design and construction in the Village shall be disapproved.

The Board shall examine the architectural plan and may employ consultants to assist in evaluation. The applicant's architect shall explain how the plan complies with the criteria of this section. While the chosen architectural style is important, the Board shall emphasize authenticity, scale, accuracy, integrity and detail of design as well. Such elements as roof pitch and geometry, gables, dormers, window design and recess, doorways, rails, porches, gutters, eaves, louvers, garage doors, pillars, sills, planters, etc., shall be scrutinized for design detail, accurate reproduction, appropriate scale, harmony and visual integrity. The Board shall reject designs which incorporate such elements as blank walls, exposed foundations, shallow roof lines, plastic mullions, frail chimneys, flush windows, aluminum stacks and erratic placement of windows and doors, etc.

The Board shall, from time to time, promulgate and make available to the public through the office of the Village Clerk written graphic architectural and building design and landscape architecture guidelines or standards to be used by it in treating any application before it for architectural review. No such guidelines or standards, or any additions or amendments thereto shall be effective, however, unless and until the Board of Trustees shall have approved the same by its resolution after submission to the Board of Trustees for that purpose.